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 o~ "''I ~s~ c;tCRE141?1 ""<1' 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. ('t1~ '/ 'S-Q q~ICAltlt ~lil 1~ E1 0['5 ,., "'''.2

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