6.
The Complainant also claims that Hon. Mr. Justice Onyacha directed him to
conduct a forced medical examination on the Judgment Debtor in the
presence of the Superintendent of Police and avail the medical report to the
Court. The Complainant alleges that Hon. Mr. Justice Onyacha made these
orders fully aware that the Complainant did not have the means and ability
to implement those directions, thereby effectively blocking execution
proceedings.
7.
The Complainant avers that it is the Director of Public Prosecution and the
Commissioner of Police who bore the burden of availing the Judgment
Debtor's medical report in Court, and not the Decree Holder as ordered by
Hon. Mr. Justice Onyacha. The Complainant further avers that the order of
Hon. Mr. Justice Onyacha was deliberately meant to shield the Judgment
Debtor from meeting his obligation owed to the Complainant, thereby
curtailing the fundamental human rights enshrined by the African Charter
and the United Nations Declarations on the Right to Development.
8.
The Complainant
contends that by blocking the Complainant
from
accessing his Judgment /Decree, the Respondent State has deliberately
discriminated against the Complainant, subjected him to psychological
torture, and threatened his integrity and right to life. The Complainant
further alleges that by blocking execution proceedings as aforesaid, the
Respondent State has made it practically impossible for him to clear his loan
with the Higher Education Loans Board of the Respondent State. He claims
that without clearing the University loan, he is not allowed to contend for
any political office or access Public Service under Chapter 6 of the
Respondent State's Constitution, making it impossible for him to enjoy the
fundamental human rights enshrined under Article 13 of the African
Charter.
9.
In addition, the Complainant alleges that due to the non-payment of the
aforementioned
loan, the Respondent State has permitted the credit
bureaus to blacklist him, meaning that he cannot borrow money from any
local financial institutions until the loan, which continues to attract
penalties and interest is paid in full. The Complainant avers that all of this
undermines his social and economic rights. The Complainant adds that the
deliberate stalling of the execution proceedings has made it practically
impossible for him to expand his law firm and to employ legal assistants to
assist him in offering quality legal services to members of the Public and
thereby curtailing Articles 8, 15, 22, and 24 of the African Char
ON HUM4
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In Communication 535/15, the Complainant s~bmits the v ~'pl . ; 0 ~s ~~
behalf and on behalf of Mr. Joseph Ndungu Niau, whom . rej resent d III ~
Civil Suit No. 1032 of 2005 before the High Court of Ken i ~d in ~A'ppeal 0 ~
No. 69 of 2009 before the Court of Appeal. The Complain ...tlxer5'lliat tpe ~
10.
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