ational as her guardian and Next friend) & 11 others v COMMISSIONER OF POLICE/INSPECTOR GENERAL OF THE NATIONAL POL On 30th April, 2013 the Counsel for the 1st and 3rd respondents had not filed his submissions, whereas the State Counsel for the 2nd respondent filed his submissions on the same day. The Advocate for the petitioners, FIDA and Kenya National Human Rights relied on their submissions filed on 11th February, 2013 and 27thFebruary, 2013. The petitioners’ submissions were filed on 11th February, 2013. All parties opted not to highlight on their aforesaid submissions. I have carefully considered the petition and response by 2nd respondent, the affidavits in support and in opposition. The court has carefully also considered the written submissions and authorities in support and relevant provisions of law and the parties opposing positions. The petitioners case in brief is that the eleven(11) petitioners, C.K., F.K, M.M, E.K, M.P.K, M.N.M;N.N, L.W, P.W, I.K, and T.M are Kenyan citizens by birth and residents of the Meru County in the Republic of Kenya. That each of the said 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. That each of the said 11 petitioners is averred was at all material times to these proceedings entitled to each and all fundamental rights and freedoms set out or implied in the Constitution of Kenya, 2010. That the 12th Petitioner is a Charitable Non-governmental Organization specializing in the promotion and protection of child rights and welfare within Meru County in the Republic of Kenya. That the 12th Petitioner is currently sheltering, educating and maintaining more that 200 vulnerable children from Meru County. That the petitioners herein were on diverse dates between the year 2008 and 2012 victims of defilement and other forms of Sexual violence and child abuse. That the petitioners 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 or record the petitioners’ complaints in the police Occurrence Book or visit the crime scenes or interview the witnesses or collect and preserve evidence or take any other steps or put in motion such other processes of the law as would have brought the perpetrators of defilement and other forms of sexual violence to account for their unlawful acts or took such other legislative, policing and/or administrative measures as would protect the petitioners(in common with other Kenyan Children) from abuse, sexual violence, inhuman and degrading treatment. That due to neglect, commission, refusal and/or failure on the part of the police the petitioners averred and contended that they have suffered grave unspeakable and immeasurable physical and physiological trauma and that the perpetrators of the aforesaid unlawful acts roam large and free, with impunity and they continue to threaten the physical and psychological wellbeing of the petitioners. The petitioners contended that the 1st petitioner, aged 5 years was defiled by her uncle (K) and that the 1st petitioner’s family has been complicit in every cover up. The aforesaid defilement and subjecting the 1st petitioner to violence and other forms of abuse. That on 18th January, 2012, the 1st petitioner reported the defilement to Meru District Children’s Officer, Kinoru Administration Police Camp and Meru Police Station. That the Kinoru Administration Police Camp Officers demanded kshs.1,000/- before they could intervene in anyway and refused to assist the 12th petitioner in rescuing the 1st petitioner. That the OCS Meru Police Station refused to investigate the complaint, claiming that the complaint had been made late. The 1st petitioner contends that the neglect, omission, refusal and/or failure of the police to conduct prompt, proper and professional investigation into her complaint violates her fundamental rights and freedoms under Article 2, 21(1),(3), 27, 29, 29, 48, 50(1) and 53(1), (c) of the Constitution of Kenya, 2010. The 2nd petitioner contends that in August, 2011, then aged 15 years was defiled by her neighbor(MN) and as a result of the defilement, she conceived, dropped out of school and suffered grave physical and http://www.kenyalaw.org - Page 4/17