under Article 3 by allowing the Clerk of Parliament to be represented by their
Counsel of Choice. The Commission is also of the opinion that the Complainant
has not proven that the delay in this case, as well as in Nairobi Court of Appeal
Civil Appeal No.266 of 2008 and Civil Application No. NAI 260 of 2007 [UR160 of
2007] was specific to him as would be required to establish differential treatment
by the Courts.
83. The Commission also notes that the Complainant at all times enjoyed unfettered
access to the law and courts and that his personal dissatisfaction cannot amount to
legal grounds to conclude that his right to equality before the law was violated,
especially without evidence of unequal treatment. The Commission considers that
the Complainant was neither the victim of unequal application of the law nor
denied its equal protection. Accordingly, the Coi):lmissionJinds no violation.
84. The Commission further notes that although Mr. Ng~:ge d9es ,~~>'t allege a violation
of Article 2 of the Charter in the mc;1in, he does make constant reference to being
discriminated against. The Coinmission takes not that in the absence of compelling
evidence of differential treatmeat, a finding of discrimination ,under Article 2
cannot be made.
85. In view of the foregoing, the Commission,, notes that ,l)O violation of Article 3(1)
occurred.
Alleged violation of Article 5 of the Charter
86. The Complainant alleges that the Respor1dent State has violated his rights under
Articles oftheCharter in that they have subjected him to psychological torture by
denying him his right to contest to be the Speaker of Parliament of the Republic of
Kenya and by declaring Mr. Kaparo to be the Speaker of Parliament, as it were. 28
He also alleges that all the subsequent Court findings making the Conclusion that
Mr. Kaparo was indeed lawfully elected also psychologically tortured him.
87. Article 5 of the Charter provides that:
Every individual shall have the right to the respect of the dignihJ inherent in a human being
and to the recognition of his legal status. All forms of exploitation and degradation of man
particularly slavery, slave trade, torture, cruet inhuman or degrading punishment and
treatment shall be prohibited.
28 Complainant's submission in general
29
Article 19 v Eritrea (2007) AHRLR 73 (ACHPR 2007) para 98