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R.M v ATTORNEY GENERAL & 4 others [2010] eKLR REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI PETITION NO.705 OF 2007 IN THE MATTER OF SECTION 84(1) OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF ALLEGED CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL UNDER SECTIONS 74(1), 77(1), 82(1), (3) AND (8) OF THE CONSTITUTION OF KENYA AND BREACHES OF SECTIONS 28, 30, 31 AND 38 OF THE PRISONS ACT CAP 90, RULES 25(1), 103 AND 104 OF THE PRISONS RULES, SECTION 2B AND 7 OF THE BIRTHS AND DEATHS REGISTRATION ACT CAP 149 BETWEEN R.M……………………………………............PETITIONER/APPLICANT VERSUS THE HON. ATTORNEY GENERAL…….…….........1ST RESPONDENT (Being sued on his own behalf) THE COMMISSIONER OF PRISONS………..…...2ND RESPONDENT THE COMMISSIONER OF POLICE………...…….3RD RESPONDENT THE REGISTRAR OF BIRTHS AND DEATHS..…4TH RESPONDENT http://www.kenyalaw.org - Page 1/45

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Petition No. 705 of 2007 ... between R.M. (petitioner/applicant) versus the Hon. Attorney General (1st Respondent) et al.

Cases

Country

Latitude: -1.303208

Longitude: 36.777356712

Country (linked Cases): Kenya

Court: Kenya: High Court, Kenya

Date of judgement: Dec 2, 2010

Complainant: R.M.

Articles alleged: Constitution of Kenya, sections 74(1) 77(1) 82(1) (3) and (8); Prisons Act, sections 28 30 31 and 38; Prison Rules 25(1) 103 and 104; Births and Deaths Registration, sections 2B and 7

Articles violated: Constitution of Kenya, section 74(1)

Keywords

Cruel, inhuman or degrading treatment
Detention
Discrimination
Prisons
Sexual orientation and gender identity

Gender of victim

Male: Man (18+)

Gender of accused/perpetrator

Gender not specified

Language: English

Summary: The petitioner commenced these proceedings by way of a petition filed pursuant to Rules 11 and 12 of The Constitution of Kenya (Supervisory Jurisdiction and Protection of the Fundamental Rights & Freedoms of the Individual) High Court Practice and Procedure Rules L.N. No.6 of 2006. The petition was filed under the former Constitution of Kenya, which was repealed by the promulgation of a new Constitution on 27th August, 2010. The petitioner was born with both male and female genitalia. Due to his ambiguous gender the petitioner was unable to secure a birth certificate, identity card, or any travel documents. The petitioner dropped out of school at Class 3. He became secluded and ended up in conflict with the law, being charged with an offence of robbery with violence. The petitioner was tried, convicted and sentenced to death for robbery with violence and committed to Kamiti Maximum Prison for male death row convicts. Contrary to the Prisons Act, the petitioner was made to share cells, beddings and sanitary facilities with male inmates, and was exposed to constant abuse, mockery, ridicule and inhuman treatment. He was also sexually molested by curious male inmates. The petitioner claimed that his dignity as a human being and his fundamental rights against inhuman treatment, discrimination on grounds of sex, and rights to freedom of association, freedom of movement, right to fair hearing and protection under the law were violated. He therefore filed this petition seeking appropriate redress. The petition is dismissed except for prayer (q): the petitioner’s right to protection against inhuman and degrading treatment has been violated. The petitioner is awarded damages of Kshs. 500.000/=. In view of the ambiguity surrounding the sex of the petitioner the order for the petitioner to be held in separate and exclusive accommodation from other male convicts will continue to remain in force.

Primary Documents

Kenya-case-High Court-Nairobi-RM-Petition 705 of 2007-2010-eng.pdf
English
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Kenya-cas-Haute Cour de Nairobi-R.M.-Petition 705 de 2007-2010-fr.pdf
French
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IHRDA SGBV Database

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Petition No. 705 of 2007 ... between R.M. (petitioner/applicant) versus the Hon. Attorney General (1st Respondent) et al.

Primary Documents

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