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ational as her guardian and Next friend) & 11 others v COMMISSIONER OF POLICE/INSPECTOR GENERAL OF THE NATIONAL POL psychological trauma. That the 2nd petitioner reported the aforesaid act of defilement at Kariene Police Station on 17th January, 2012. That the Police Officers at Kariene Police Stationinterrogated the 2nd petitioner loudly and in public in the hearing of all present at the police station, thereby subjecting the 2nd petitioner to humiliation, embarrassment and inhuman treatment. That the police officers refused to issue a P3 form to the 2nd petitioner, insisting that they had to wait until the 2nd petitioner’s baby, conceived out of the defilement was born and further refused to arrest or interrogate the perpetrator and unlawfully, inexcusably and unjustifiably neglected, omitted and/or otherwise failed to conduct prompt, effective, proper and professional investigation into the 2nd petitioner’s complaint. The 2nd petitioner contends that the neglect, refusal and/or failure of police to conduct prompt, effective, proper and professional investigation, into her complaint violates her fundamental rights and freedom under Article 2, 21(1),(3),27,28,29,48,50(1) and 53(1),(c) of the Constitution of Kenya, 2010. The 3rd petitioner, contends that on 27th December, 2011 when aged 8 years was defiled by a gang of three neighbours(M/S. Z K, KM and M N) and as a result of the defilement she contracted a sexually transmitted disease and suffered grave physical and psychological trauma. That the 3rd petitioner reported the said defilement at Laare Police Station on 25th December, 2012. That the police officers at Laare Police Station arrested and charged only one of the three perpetrators in the defilment but failed to investigate, interrogate and/or arrest the other perpetrators in spite of their continued threat, harassment and intimidation of the 3rd petitioner’s family. The 3rd petitioner contends that the refusal, neglect, omission and/or failure of the police to investigate, interrogate and/or arrest the other perpetrators violates her fundamental rights and freedoms under Articles 2, 2(1) 3, 27, 28, 29, 50(1) and 58(1), (c), of the Constitution of Kenya, 2010. The 4th petitioner in June, 2010, then aged 12 years was defiled by an Administration Police Officer(JMM) as a result of which she conceived and has suffered a grave physical and psychological trauma. That the perpetrator who has since admitted to the offence is contended has been harassing, intimidating and threatening the 4th petitioner and her family. That though the perpetrator was formally charged in court, the petitioner contends, the police have frustrated and delayed the criminal proceedings by inter alia, insisting on receiving money and travel reimbursement from the petitioner, failing to avail the police investigation file and failing to timeously avail DNA results. The fourth petitioner contends that the delay in the prosecution of the perpetrators and the manner of which the police have handled the case violates her fundamental rights and freedoms under Article 2, 21(1), 21(30, 27, 28 , 29, 48 50(1) and 53(1),(c), of the Constitution of Kenya, 2010. The 5th petitioner contends that on 11th May, 2011, then aged 11 years, was defiled by her neighbor(DM) causing her grave physical and psychological trauma. That the police have neglected, omitted, refused and/or otherwise failed to investigate, interrogate and/or arrest the perpetrator in spite of the 5th petitioner’s complaint and ample evidence linking the perpetrator to the defilement. The 5th petitioner contends that the neglect, omission, refusal and/or failure on the part of the police to investigate, interrogate and/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) (c) of the Constitution of Kenya, 2010. The 6th petitioner contends that she was repeatedly defiled by her father (MM) between the year, 2008 and 2011, as a result of which she has suffered grave physical and physiological trauma. The 6th petitioner averred that she reported the aforesaid acts of defilment at Tigania Police Station on 1st July, 2011 who failed, neglected, omitted and refused to conduct prompt, effective, proper and professional investigationinto the 6th petitioner’s complaint. The 6th petitioner contends that the neglect, omission, http://www.kenyalaw.org - Page 5/17

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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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