ational as her guardian and Next friend) & 11 others v COMMISSIONER OF POLICE/INSPECTOR GENERAL OF THE NATIONAL POL law decided in a fair and in public hearing before court of law in accordance with Article 50(1) OF theConstitution of Kenya, 2010. Under Article 53(1),(d) and (2) of the Constitution of Kenya, 2010,it is provided as follows:53. (1) Every child has the right–– (d ) to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour; (2) The State shall ensure the progressive implementation of the principle that at least five percent of the members of the public in elective and appointive bodies are persons with disabilities.” The above article clearly entitles petitioners to a fundamental inalienable right to be protected from abuse, neglect, harmful,cultural practices, all forms of violence, inhuman treatment and punishment and hazardous or exploitative labour. The Article also provides that a child’s best interest are of paramount importance in every matter concerning the child.The police failure to act on petitioners complaints of defilement violated their rights under Article 53 of the Constitution of Kenya, 2010. The Constitutional requirement to protect the best interest of the child requires not only the establishmentof relevant laws but requires their proper enforcement by state agencies and any failure to implement laws aimed at protecting children amounts to infringement and/or violation of the Constitutional rights. As recognized by the U.N, committee on rights of the child, under Article 19, General Convention, the State is obligated to investigate and punish those responsible for committing violence against children(see Director of Public Prosecutions, Transvaal V Minister of Justice and Constitutional Development, and others(2009) ZACC 8, 2009(4) SA 222(cc) 2009 (7) BCLR 637(CC) at para 200). Having considered the evidence in the petitioners’ affidavit and the petition herein,the relevant articles in the Constitution of Kenya, 2010, the general rules of international law, treaty or convention ratified by Kenya and other related and relevant laws applicable in Kenya, I am satisfied that the petitioners have proved their petition and that the failure on part of the respondents to conduct prompt, effective, proper and professional investigations into the petitioners complaints of defilment and other forms of sexual violence infringes on the petitioners fundamental rights and freedoms, under Articles 21(1), 21(3), 27, 28, 29, 48, 50(1) and 53(1) (d) of the Constitution of Kenya, 2010. In the circumstances I find the petitioners’ petition is meritorious and I proceed to grant the following orders:1. A declaration be and is hereby made to the effect that the neglect, omission, refusal and/or failure of the police to conduct prompt, effective, proper and professional investigations into the first eleven petitioners’ complaints of defilement violates the first eleven petitioner’s fundamental rights and freedoms(a) to special protection as members of a vulnerable group, (b) to equal protection and benefit of the law; http://www.kenyalaw.org - Page 15/17