B. Alleged violations
7.
The Applicants allege the violation of the following:
i.
The duty to recognise the rights and freedoms and adopt legislative or
other measures protected under Article 1 of the Charter;
ii.
The right to non-discrimination protected under Article 2 of the Charter;
iii. The right to liberty and security protected under Article 6 of the Charter;
iv. The right to be presumed innocent protected under Article 7 (1)(b) of the
Charter; and
v. The rights protected under Articles 2, 9(1), (3), (4), 14(1), (2), 3(c) and
26 of ICCPR; Articles 1, 2, 3, 6, 7, 10, and 11(1) of the Universal
Declaration of Human Rights; and Articles 13(1), (2), (3), (4), 13(6)(a),
(b), 15(1), (2) (a) and (b) and Article 29(1) and (2) of the Respondent
State’s Constitution.
III.
SUMMARY OF THE PROCEDURE BEFORE THE COURT
8.
The Application was filed on 18 November 2020 and served on the
Respondent State on 3 December 2020. The Respondent State filed its
Response on 11 March 2021.
9.
The parties filed their pleadings on the merits and reparations of the
Application within the time prescribed by the Court.
10. Pleadings were closed on 29 July 2021 and the parties were notified thereof.
IV.
PRAYERS OF THE PARTIES
11. The Applicants pray the Court as follows:
i.
The Respondent state, by enacting section 148(5) of the CPA (CAP 20
R.E.2019) is in violation of Art 1, 2, 6 and 7 of the Charter.
4