Kenya National Commission on Human Rights & Another v Attorney General & 3 others: Kenya High Court, 2014

Date December 29, 201512:55 pm
Subject ,

This petition is brought against two police officers and vicariously the Attorney General and Commissioner of Police for shooting a man and a minor to death. The petition states that the accused used excessive unreasonable force which amounted to the violation of the rights of the deceased.

The Court held in favour of the Applicants. It held that that this is a public interest case and that various Articles of the Constitution were violated, including Article 26(1) and (3) (right to live), Article 29 (cruel, inhuman and degrading treatment), violation and denial of freedom and security of the person (Articles 27(1) and 29(c) and (f)). Also various articles of international human rights instruments were considered to be violated.

Republic of Kenya: in the High Court of Kenya at Nairobi: Constitutional and Human Rights Division: Petition No. 127 of 2012 between Kenya National Commission on Human Rights,1st petitioner, Release Political Prisoners Trust, 2nd petitioner (suing through its executive co-ordinator) and the Hon. Attorney General, 1st respondent, the Commissioner of Police, 2nd respondent, Musili Dewrock Kithome, 3rd respondent, Simon Kikwai, 4th respondent: judgment: Kenya National Commission on Human Rights & another v Attorney General & 3 others [2014] eKLR