R.M v ATTORNEY GENERAL & 4 others [2010] eKLR
HON. EVANS K. MAKORI MAGISTRATE………..5TH RESPONDENT
AND
THE KENYA HUMAN RIGHTS COMMISSION..1ST AMICUS CURIAE
THE KENYA GAY AND LESBIAN TRUST……2ND AMICUS CURIAE
KENYA NATIONAL COMMISSION FOR HUMAN RIGHTS..3RD AMICUS CURIAE
THE LEGAL RESOURCES FOUNDATION (LRF)..........1ST INTERESTED PARTY
THE CHILDREN’S RIGHTS ADVISORY DOCUMENTATION LEGAL
EDUCATION FOUNDATION (CRADLE).2ND INTERESTED PARTY
KITUO CHA SHERIA LEGAL ADVICE CENTRE...3RD INTERESTED PARTY
CENTRE FOR RIGHTS, EDUCATION AND AWARENENSS FOR WOMEN
(CREAW)……………….......………………………4TH INTERESTED PARTY
KENYA CHRISTIAN LAWYERS
FELLOWSHIP…………..........……………………5TH INTERESTED PARTY
JUDGMENT
INTRODUCTION
1.
The petitioner R.M 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 The petition was filed under the former Constitution of Kenya, which was repealed by the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. Therefore, it is important to note that reference
herein to the Constitution unless otherwise indicated refers to the repealed Constitution.
2.
The respondents to the original petition were named as the Hon. Attorney General (1st
respondent), The Commissioner of Prisons (2nd respondent), The Commissioner of Police (3rd
respondent), and The Registrar of Births and Deaths (4th respondent). As a result of subsequent
applications, leave was granted and several other parties joined in the suit. The parties added were as
follows: Hon. Evans K. Makori Magistrate (5th respondent), The Kenya Human Rights Commission (1st
http://www.kenyalaw.org - Page 2/45