Ruling on Petition No.93 Of 2011 - Concerning Discrimination On Grounds Of Disability
This Petition was filed in the High Court of Nairobi by a former Police Officer who was retired after he was injured in the line of duty.The Petitioner was employed in the Police Force in 2001. In March 2003 while on official duty, he was involved in a road accident. He sustained a spinal cord injury which resulted in paralysis of his legs.
On 1st of April 2009, the Police Commissioner retired the Petitioner on medical grounds. The Petitioner appealed against his retirement but he was informed through a letter in January 2011 that his appeal was rejected. He then filed this Petition claiming among other things that his retirement on medical grounds amounted to discrimination because of his disability which is against the provisions of the Constitution of Kenya and the Persons with Disabilities Act.
The KNCHR joined this case as Amicus Curiae (friend of the court) to bring to the court a human rights perspective on the Case in linewith Kenyan law and the International Conventions and best practices.Click here to read more
Ruling on JR Misc Application 647 of 2009, William Ruto vs Kenya National Commission on Human Rights
William Ruto had made an application to the High Court in November 2009 requesting it to quash the KNCHR Report on the 2007–2008 Post Election Violence dubbed “On the Brink of the Precipice”. He claimed that the KNCHR had violated his rights by not affording him an opportunity to be heard concerning the allegations made against him on his role in the violence. Click here to read more
HCCC 705 of 2007 Richard Muasya vs The AG, Commissioner of Prisons and 2 others
This was a Constitutional petition by an intersex person(born with both male and female genitalia) imprisoned at Kamiti Maximum Prison claiming among other things, that the (previous) Constitution of Kenya did not recognise his unique sexuality status and that there were no legal provisions that would recognise the gender rights of intersexual persons. Click here to read more
Petition No. 93/11 Paul Anupa and Another Vs the Attorney General
This is a Constitutional Petition filed by a former GSU Police Officer who suffered severe spinal injuries in the line of duty. Although he recovered, he was not able to regain full use of his legs and has to use a wheelchair for mobility. Click here to read more
Petition No. 102 of 2011 FIDA-Kenya and 5 Others Vs. The A-G and The Judicial Service Commission
This was a Petition by FIDA and its co-petitioners challenging the constitutionality of the nominations of applicants to the positions of Judges of the Supreme Court . The applicants were of the view that the nominations list was in contravention of the rule requiring that not more than a third of persons appointed to any public office be from the same gender. KNCHR was enjoined in the matter as amicus to provide its human rights interpretation as to the import of this and other relevant provisions of the Constitution relating to affirmative action, equality and non-discrimination.
Constitutional Petition 175 of 2012 Jayne Mati v Attorney General & 2 Others
This is a Constitutional Petition that challenges the amendments made to the Finance Act and the National Assembly Remunerations Act that will in effect increase the benefits of all the members of the National Assembly by Click here to read more
Petition No. No. 127 of 2012 KNCHR vs. Attorney General and 2 others
This is a constitutional Petition that seeks to compel the Police to among others conduct a public inquiry on all reported cases of extra judicial killings by the police and also provide compensation to one of the families of a victim of extra judicial killings.
It is hoped that the case will serve to enhance police accountability and move towards comprehensively addressing the perennial cases of extra judicial killings in Kenya.