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CK and 11 Other Children v. The Commissioner of Police et al: Kenya High Court, 2013

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Date December 29, 20152:08 pm
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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.

Republic of Kenya: High Court at Meru: Petition 8 of 2012: Ripples International as her guardian & next friend) & 11 others v 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, 4th respondent: judgment