ational as her guardian and Next friend) & 11 others v COMMISSIONER OF POLICE/INSPECTOR GENERAL OF THE NATIONAL POL “All the same, the life of the victim and the interests of the family are protected by the Constitution and the statutes. The State through the respondents herein are responsible for security of citizens in this country. It is the duty of the state to inquire into any crime or suspected crime affecting any of its subjects. It is the duty of the State to investigate the disappearance of the victim herein who was its subject and its employee(emphasis added) I agree with the above-mentioned case that once a report or complaint is made it is the duty of the police to move with speed and promptly, commence investigation and apprehend and interrogate the perpetrators of the offence and the investigation must beconducted effectively, properly and professionally short thereof amounts to violation of fundamental rights of the complainant. In the instant case the police owed a Constitutional duty to protect the petitioners’ right sand that duty was breached by their neglect, omission, refusal and/or failure to conduct prompt, effective, proper and professional investigations and as such they violated the petitioners’ fundamental rights and freedoms as entrusted in the Constitution. Under Article 244 (a)-(e) of the Constitution of Kenya, 2010 it is provided:“244. The National Police Service shall— (a ) strive for the highest standards of professionalism and discipline among its members; (b) prevent corruption and promote and practice transparency and accountability; (c) comply with constitutional standards of human rights and fundamental freedoms; (d) train staff to the highest possible standards of competence and integrity and to respect human rights and fundamental freedoms and dignity; and (e) foster and promote relationships with the broader society.” Further Article 27(1)-(4) of the Constitution of Kenya, 2010 it is provided:“27. (1) Every person is equal before the law and has the right to equal protection and equal benefit of the law. (4) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.” The petitioners contends that gender-based sexual violence constitutes discrimination and referred me to Article 1 of the Convention of Elimination of ALL FORMS OF DISCRIMINATION AGAIST WOMENwhich defines discrimination against women as including ………”acts that inflict sexual harm”. Having considered the petitioners petition and affidavit in support and the fact that the police did not take appropriate action to ensure justice to the petitioners I find the police failure to conduct prompt, effective, proper, corruption free, and a professional investigation into petitioners complaints of defilement and other form of sexual violence amounts to discrimination contrary to the expressly and implied provisions of Article 27 of the Constitution of Kenya, 2010 and contrary to Article 244 of the Constitution of Kenya, 2010. http://www.kenyalaw.org - Page 12/17