ational as her guardian and Next friend) & 11 others v COMMISSIONER OF POLICE/INSPECTOR GENERAL OF THE NATIONAL POL
VERSUS
THE COMMISSIONER OF POLICE/INSPECTOR GENERAL OF THE NATIONAL POLICE
SERVICE....1ST RESPONDENT
THE DIRECTOR OF PUBLIC
PROSECUTIONS…………......................................................…………….2ND RESPONDENT
MINISTER FOR JUSTICE, NATIONAL COHESION & CONSTITUTIONAL
AFFAIRS...............................3RD RESPONDENT
AND
KENYA NATIONAL COMMISSION ON HUMAN
RIGHTS……………............................................................AMICUS CURIAE
JUGDMENT
The twelve petitionersthrough a petition dated 11th October, 2012 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 seek
the following reliefs: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 the first eleven petitioners’ fundamental rights and
freedoms(a) to special protection as members of a vulnerable group’
(b) to equal protection and benefit of the law;
(c) not to be discriminated against’
(d) to inherent dignity and the right to have the dignity protected;
(e) to security of the person
(f) not to be subjected to any form of violence from public or private sources or torture or cruel or
degrading treatment; and
(g) to access to justice as respectively set out in Articles 21(1), 21(3), 27,28,29,48,50(1) and 53(1)
(c) of the Constitution.
2. 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’ respective complaints violates the first eleven petitioners��� fundamental rights and
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