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ational as her guardian and Next friend) & 11 others v COMMISSIONER OF POLICE/INSPECTOR GENERAL OF THE NATIONAL POL refusal and/or failure of the police to conduct prompt, effective, proper and professional investigations into her complaint violates her fundamental rights and freedoms under Article 2, 21(1),(3),27, 28, 29, 48, 50(1) and 5391),(c) of the Constitution of Kenya, 2010. The 7th Petitioner averred that on 6thAugust, 2011, then aged 8 years, was defiled by her neighbor(JK) causing her grave physical and psychological trauma. That a report was made to Nchiru Police Station whereby police offers are said to have demanded payment of Kshs.1,000/- for fuel and as a precondition for taking 7th petitioner to the hospital and omitted, neglected, refused and failed to conduct prompt, effective, proper and professional investigation to the 7th complainant’s complaint. She further contends that though the perpetrator was formally charged in court, the police offices at Nchiru have frustrated the prosecution by, inter alia, refusing to inform the 7th petitioner of the hearing dates and failing to present the perpetrator in court whenever the case is scheduled for hearing. The 7th petitioner contends her fundamental rights and freedoms under Article 2, 21(1), (3), 27, 28, 29, 48, 50(1) and 53(1)(c) of the Constitution of Kenya, 2010 had been violated by the Police Officers. The 8th petitioner avers that on 31st August, 2011, then aged 13years was defiled by her employer’s husband(GG) and as a result of which she has undergone surgery at the Meru General Hospital and has suffered grave physical and psychological trauma. The 8th petitioner reported the defilment at Meru Police on 31st August, 2011. She contends the Police Officer at the Meru Police Station have neglected, omitted, refused and/or failed to conduct prompt, effective, proper and professional investigation into the 8th petitioner’s complaint or visit the scene of crime or interrogate or arrest the perpetrator. She contends that the neglect, omission, refusal and/or failure of the police to conduct prompt, effective, proper and professional investigations into her complaint or interrogate or arrest the perpetrator violates her fundamental rights and freedoms under Article 2, 21(1),(3), 27, 28, 29, 48 50(1) and 53(1) of the Constitution of Kenya, 2010. The 9th petitioner avers that in October, 2008, then aged 15 years, was defiled while under refuge at Huruma Children’s Home(at Nkubu, Meru), as a result she conceived and suffered grave physical and psychological trauma. She reported the defilement at Nkubu Police Station on 22nd January, 2009. She contends that the police station have neglected, omitted, refused and failed to conduct prompt, effective, proper and professional investigations into her complaint and such failure violates her fundamental rights and freedoms under Articles 2, 21(1), (3),27,28,29,48,50(1) and 53(c) of the Constitution of Kenya, 2010. The 10th petitioner avers that in June, 2008, then aged 11 years, was defiled by her neighbor(SK) and as a result of which she conceived and suffered grave physical and psychological trauma. She avers that on 21st January, 2011 she made a report at Kariene Police Station and that though the perpetrator was formally charged in court, the police have frustrated and delayed the case by, inter alia, failing to bring critical witnesses to court, failing to bring police file to court and by bringing to court witnesses who have no personal knowledge to the facts of the case. She contends that the manner in which the police have handled her case violates her fundamental rights and freedoms under Articles 2, 21(1),(3), 27, 28, 29, 48,50(1) and 53(1),(c) of the Constitution of Kenya, 2010. The 11th petitioner avers that she was severally beaten and defiled by her step-father causing her grave physical and psychological trauma. That she reported the defilement at Meru Police Station on 4th June, 2012 but police officers refused to record or investigate her complaint. She contends that the neglect, omission, refusal, and/or failure of the police to conduct prompt, effective, proper and professional investigations into her complaint violates her fundamental rights and freedoms, under Article 2, 21(1), (3), 27, 28, 29, 48, 50(1) and 53(1), (c) of the Constitution of Kenya, 2010. The 12th petitioner avers that it brings these proceedings in public interest and pursuant to the express http://www.kenyalaw.org - Page 6/17

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Petition 8 of 2012: C.K and al. (petitioners) versus Commissioner of Police/Inspector General of the National Police Service et al. (respondent)

Cases

Country

Latitude: -1.303208

Longitude: 36.777356712

Country (linked Cases): Kenya

Court: Kenya: High Court, Kenya

Date of judgement: May 27, 2013

Complainant: C.K. et al.

Articles alleged: Constitution of Kenya, Articles 2 10 19 21 22 23 27 28 29 48 50(1) and 53; Universal Declaration of Human Rights, Articles 1 2 3 5 7 8 and 10; African Charter on the Rights and Welfare of the Child, Articles 1 2 3 4 16 and 27; African Charter of Human and Peoples Rights, Articles 2 3 4 5 6 7 and 8; Children Act, Section 3 5 15 and 22; Sexual Offences Act; Police Act

Articles violated: Constitution of Kenya (2010), Articles 21(1), 21(3), 27, 28, 29, 48, 50(1) and 53(1) (c); Universal Declaration of Human Rights, Articles 1 to 8 (inclusive) and 10; United Nations Convention on the Rights of the Child, Articles 2, 4, 19, 34 and 39; African Charter on the Rights and Welfare of the Child, Articles 1, 3, 4,16 and 27; African Charter on Human and Peoples' Rights, Articles 2 to 7 (inclusive) and 18

Keywords

Child abuse
Defilement (Rape of children)
Investigation
Police
Sexual offences

Gender of victim

Female: Girl (under 18)

Gender of accused/perpetrator

Gender not specified

Language: English

Summary: The petition was submitted by ten children, Pamela Waruguru and Ripples International. The petition was brought under Articles 2, 10, 19, 21, 22, 23, 27, 28, 29, 48, 50(1) and 53 of the Constitution of Kenya, 2010, Article 1, 2, 3, 5, 7, 8 and 10 of the Universal Declaration of Human Rights, Articles 1, 2, 3, 4, 16 and 27 of the African Charter on the Rights and Welfare of the Child, Articles 2, 3, 4, 5, 6, 7 and 8 of the African Charter of Human and Peoples Rights, Section 3, 5 15 and 22 of the Children Act 2001 (Chapter 141) of the Laws of Kenya, the Sexual Offences Act, 2006 (Act No.3 of 2006 and the Police Act (Chapter 84) of the Laws of Kenya. The petitions sought a series of reliefs, including: 1. A declaration 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 their fundamental rights and freedoms. Each of the 11 petitioners were on all material dates relevant to these proceedings a “Child” and a victim of “Child abuse” and “defilement” as respectively defined under the Children Act, 2001 and the Sexual Offence Act, 2006. They made reports of the acts of defilement at various police stations within Meru County and the police officers at those various Police Stations neglected, omitted, refused and or otherwise failed to conduct prompt, effective, proper and professional Investigation into the petitioners’ complaints. A declaration is 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. An order of mandamus be and is hereby made directing the Commissioner of Police/Inspector General of the National Police Service together with his agents, delegates and/or subordinates to conduct prompt, effective, proper and professional investigations into the 1st to 11th petitioners’ respective complaints of defilement and other forms of sexual violence.

Primary Documents

Kenya-case-High Court-Meru-CK et al-Petition 8 of 2012-2013-eng.pdf
English
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Kenya-cas-Haute Cour de Meru-C.K. et autres-Petition 8 de 2012-2013-fr-pdf.pdf
French
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Petition 8 of 2012: C.K and al. (petitioners) versus Commissioner of Police/Inspector General of the National Police Service et al. (respondent)

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