ational as her guardian and Next friend) & 11 others v COMMISSIONER OF POLICE/INSPECTOR GENERAL OF THE NATIONAL POL to take reasonable and appropriate measures to prevent the violation of those rights. The police is one of the primary agencies of the state responsible for the protection of the public in general and women and children in particular against the invasion of their fundamental rights by perpetrators of violent crime.” In the case of Gonzalez & Others(Cotton Field) V Mexica(Inter-American Court of Human Rights, judgment of November, 16, 2009) the inter-American Court of Human rights held that State of Mexico had infringedon petitioners’ rights to equality and non-discrimination, in claim relating to the discipline, torture, rape and murder of three young girls and stated as follows:“Evidence provided to the court indicates, inter alia, that officials of the state of Chihuahua and the municipality of Juarez made light of the problem and even blamed the victims for their fate based on the way they dressed, the place they worked, their behavior, the fact that they were out alone, or a lack of parental care…..The Court therefore finds that, in the instant case, the violence against women constituted a form of discrimination, and declares the State violated the obligation not to discriminate contained in Article 1(1) of the Convention, in relation to the obligation to guarantee the rights embodied in the Articles 4(1), 5(1), 5(2) and 7(1) of the American Convention.” On sexual violence, freedom and security of a person court have held that State has an obligation to protect all citizens from violence and ensure their security of person. This is enshrined in Article 29 of our Constitution. In case of Carmichele V Minister of Safety and Security & Another(supra) the court stated: “Thus one finds positive obligations on members of the Police force both in the IC and the Police Act. In addressing these obligations in relation to dignity and the freedom and security of the person, few things can be more important to women(and children) than freedom from the threat of sexual violence.” Article 48 and 50 of the Constitution of Kenya, 2010 obligates the State to ensure access to courts is not unreasonably or unjustifiably impended and in particular where there is legitimate complaint, dispute or wrong that can be resolved by the courts or tribunals. Needless to say in criminal justice system, Police play a critical role and its abdication from that role would inevitably deprive claimant’s access to courts and lead to miscarriage of justice or deny justice altogether. The centrality of police in criminal justice system is evidenced by their functions as set out under Part III of the Police Act(Now repealed), which has been re-enacted at Section 24 of the NATIONAL POLICE SERVICE ACT(ACT NO.11A of 2011) as follows:“24. The functions of the Kenya Police Service shall be theProvision of assistance to the public when in need;(b) maintenance of law and order;(e) investigation of crimes;(f) collection of criminal intelligence;(g) prevention and detection crime;(h) apprehension of offenders;(i) enforcement of all laws and regulations with which it is charged…” The police in the instant petition by failing to conduct prompt, effective, proper, corrupt free and professional investigations into the petitioners complainants, and demanding payments as preconditions for assistance, whether for fuel or P3 forms or whatever the case might have been they violated petitioners right to access of justice and right to have disputes that can be resolved by the application of http://www.kenyalaw.org - Page 14/17