100. The Respondent State submits that as a general rule under Section 84 of the Kenyan Constitution, the prohibition of discrimination shall not extend to distinctions, exclusions, restrictions or preferences made by State Parties between citizens and non- citizens provided that such provisions do not discriminate against any particular nationality. It submits further that, non-indigenous Kenyan communities that do not qualify for automatic citizenship by birth fall under this provision and in considering whether people who fall under this category warrant the grant of Kenyan citizenship, the National Registration Bureau in Kenya, has put in place varied vetting procedures. 101. According to the Respondent State, members of African, Arab and European descent are subjected to the same vetting process as those of the Nubian Community where they are required to provide birth certificates of their parents and those of their grandparents to as certain their suitability for Kenyan citizenship. The Communities that live along the border such as the Taita, Maasai, Somali, Luhya, and some coastal Communities are also subjected to similar vetting processes. Alleged violation of Article 5 102. The Respondent State submits that in order to protect the dignity of everyone in its territory, the Constitution of Kenya provides that no person shall be subjected to torture or to inhuman or degrading punishment or treatment. Slavery, forced labor and corporal punishment are equally prohibited. The Respondent State outlines reforms it has undertaken in the prison sector and the rules that protect the integrity of detainees. 103. It avers that Kenya enacted The Statute Law (Repeals and Miscellaneous Amendment), Act, 1997, which expressly prohibits torture being used by the police to extract information/evidence. The Respondent State points out that the efforts of the Government to combat torture and other cruel, inhuman or degrading treatment or punishment have been supplemented by civil society organizations working in Kenya. It points out further that Kenya laws, whether statutory or administrative, are not discriminative but apply to all without distinction. Alleged violation of Article 12 104. The Respondent State submits that the Kenyan Constitution deals with protection of freedom of movement and provides that no citizen of Kenya shall be deprived of his freedom of movement, the right to reside in any part of Kenya, to leave Kenya and immunity from expulsion from Kenya. This freedom may only be restricted in the interest of defence, public safety, order, morality and public health or in the enforcement of a court order. 105. It states that the right to freedom of movement applies to Kenyans and foreign nationals alike, so long as they are in the country lawfully. The Respondent State avers that members of the Nubian community who have successfully applied for Kenyan citizenship enjoy freedom of movement within Kenya in the same way as all other Kenyans following the issuance of National Identity Cards to them. It also avers that members of the Nubian community, who fall within the category of aliens, enjoy equal rights as any other legal aliens without any discrimination whatsoever. 106. The Respondent State argues that it is not proper for the Complainants to allege a violation of Article 12 of the Charter if they have not sought the procedures to acquire citizenship. The Respondent State maintains that Article 12 of the Charter allows states to discriminate vis a vis the movement of foreign persons to curb insecurity. The Kenyan Government as part of exercising territorial sovereignty within the meaning of customary international law has every right to determine its internal issues especially when it 13