102. The Court recalls that Article 2 of the Charter provides as follows:
Every individual shall be entitled to the enjoyment of the rights and
freedoms recognised 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 any status.
103. The Court notes the provision of Section 148(5)(b) of the CPA as follows:
A police officer in charge of a police station or a court before whom an
accused person is brought or appears, shall not admit that person to
bail if it appears that the accused person has previously been
sentenced to imprisonment for a term exceeding three years.
104. As regards Section 148(5)(e) of the CPA, the Court notes that it stipulates:
A police officer in charge of a police station or a court before whom an
accused person is brought or appears, shall not admit that person to
bail if … the offence with which the person is charged involves actual
money or property whose value exceeds ten million (10,000,000)
shillings unless that person deposits cash or other property equivalent
to half the amount or value of actual money or property involved and
the rest is secured by execution of a bond.
105. As the Court noted in its jurisprudence,15 the right to freedom from
discrimination is related to the right to equality before the law and equal
protection of the law as guaranteed under Article 3 of the Charter. However,
the scope of the right to non-discrimination extends beyond the right to
equal treatment before the law and also has practical dimensions in that
individuals should, in fact, be able to enjoy the rights enshrined in the
Charter without distinction of any kind relating to their race, colour, sex,
religion, political opinion, national extraction or social origin, or any other
status.
15
African Commission on Human and Peoples’ Rights v. Kenya (merits), § 138.
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