186. The Court notes that, Article 2 of the Charter provides that: “Every individual shall be entitled to the enjoyment of the rights and freedoms recognized 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 other status.” 187. The Court also notes that Article 3(2) provides that: “Every individual shall be entitled to equal protection of the law”. 188. The Court notes the Second Applicant’s claim that he was discriminated against while being prosecuted and tried because of his national origin and status as a refugee and yet Mama Mboya, a Tanzanian national and the main culprit who orchestrated the murder, was neither investigated nor arrested. 189. However, the Court observes from the record of proceedings before the High Court and during the trial-within-the-trial, that both Applicants allegedly averred that they were hired by Mama Mboya to commit the murder.92 The records indicate that ASP G.B Jimbuko, a police officer, reported that he was requested to assist with the investigation together with RCO-SSP Tarimo, OC Benaco ASP Triphone amongst others totalling up to about eight officers. During the interrogation, ASP G.B Jimbuko reported that he met Mama Mboya who was under further interrogation although he did not participate in her interrogation and therefore could not determine the motive for the murder. 190. From the foregoing, the Court observes that Mama Mboya was apprehended and investigated, although the extent and result of the investigation is not elaborated in the pleadings. Apart from the First 92 Statement of PW5 ASP Mohammed Mbonde, a police officer. 53