00049 6
**
74.
Article 2 of the Charter provides as follows:
"Every individual shall be entitled to the enjoyment of the rights and freedoms
recognised and guaranteed in the present Charter without distinction of any kind
such as race, ethnic group, colour, sex, language, religion, political or any other
opinion, national and social origin, fortune, birth or any status."
75. ln the Matter of the African Commission on Human and Peoples'
Republic
of Kenya, the Court noted that the principle of
Rights v
non-discrimination
prohibits any differential treatment among persons existing in similar contexts, on
the basis of one or more of the prohibited grounds listed under Article 2 of the
Charter.T
76.
ln the present case, the Applicant has failed to show how his right not to be
discriminated against on the basis of any of the ground(s) prohibited under Article
2 of the Charter has been violated.
77. The Court therefore finds that the Respondent State has not violated the
Applicant's right to non-discrimination provided under Article 2 of the Charter.
VIII. REPARATIONS
78.
As indicated in paragraphs 24 and 25 and above, the Applicant requests that the
Court declare the Respondent State's administrative omission to
be
unconstitutional, grant him a declaratory order to be immediately supplied with
certified true copies of proceedings and judgments in Criminal Cases No. 244 of
1995 and 278 of 1995 and if the Respondent State fails to supply them then the
7
Application No. 002/2012. Judgment of 2610512017, African Commission on Human and Peoples'Righfs
v Republic of Kenya, $138.
t9
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s