The Respondents

The Attorney General of the Republic of Kenya (AG) is the principal legal adviser to the Government of Kenya and is constitutionally charged with the duty of representing the national government in court in proceedings. He is also liable for violations of the law committed by the Kenya Police Service, Administration Police Service and the General Service Unit (hereinafter collectively and singularly referred to as “the Police” in the case) during the PEV.

The Director of Public Prosecutions of the Republic of Kenya, (DPP) has the power under Article 157 of the Constitution to direct the Inspector-General of the National Police Service to investigate any information or allegation of criminal conduct. He has not brought any charges against any persons for the sexual violence that occurred during PEV. A task force set up for this purpose in 2012 allegedly did not find enough evidence of sexual violence to warrant prosecutions.

The Independent Policing Oversight Authority(IPOA) and is a statutory body established under the Independent Policing Oversight Authority Act whose objectives are, inter alia, to hold the Police accountable to the public in the performance of their functions, and to ensure independent oversight of the handling of complaints against the Kenya Police Service.

The Inspector-General of the National Police Service is charged with the duty to investigate any particular offence or offences and to enforce the law against any particular person or persons under the Constitution and the National Police Service Act. He is also responsible for violations of the law committed by the Police during the PEV and for the liabilities of the Commissioner of Police for violations of the law resulting from the inadequate supervision of Police under Clause 6 and 31 of the Sixth Schedule of the old Constitution.

The now defunct ministers responsible for the Ministry of Medical Services and Ministry of Public Health and Sanitation in the previous cabinet, are named are respondents for obligations of their respect dockets at the time of PEV. Their responsibilities are now taken over by the cabinet secretary responsible for the Ministry of Health.

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