Sampled redress cases

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

KNCHR’s role as amicus in this case was limited to providing information to the court on the gaps in Kenyan law as well as present a case for legal reform. As a National Human Rights Institution, KNCHR’s main argument was that the Constitutional prohibition against discrimination on the basis of sex ought to be widely interpreted to include intersexual persons. Thus any discrimination against any person on the basis of intersexuality would qualify as discrimination on the basis of sex. 

Judgment was delivered on 2December 2010, where the court observed that among others that the petitioner’s right to protection from inhuman treatment was violated by prison officials. The Court thus awarded the Petitioner damages of Kshs 500,000/- as compensation. 

In addition to the legal significance of the case, it has also facilitated open discussion by the public on matters relating to the rights of intersex persons.

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. He was subsequently declared unfit for service and retired on medical grounds. His claim is that his retirement from the police on grounds of disability was discriminatory and unconstitutional. 

KNCHR’s role as amicus in this case is to highlight the international and domestic legal and human rights framework vis a vis the applicable law- the Police Act, and to call for legislative and policy direction that will ensure that Persons With Disabilities are not locked out from serving in the Police Service.

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 increasing their severance allowance in violation of articles 230 and 116 of the Constitution. The Commission’s position is that this is unconstitutional as the Current Parliament is constitutionally barred from benefiting from any law that confers upon its members direct pecuniary interest.

The Commission has also taken upon itself to move to court on behalf of Petitioners to secure and protect their human rights under article 22 of the Constitution. This year the Commission has filed the following cases in this regard.