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Whether the freedom of association of persons belonging to the LGBTIQ groups had been infringed by the Board’s denial of an application for registration of an NGO to champion their human rights.Fundamental rights and freedoms – freedom of association – limitation of the freedom of association – where the petitioner claimed that his freedom of association was infringed upon – where the petitioner claimed that the Board’s denial to his application to register an NGO to champion for LGBTIQ rights amounted to an infringement of his freedom of association– Constitution of Kenya, 2010 article 36 – Universal Declaration of Human Rights, article 20 – International Covenant on Civil and Political Rights, article 22 – African Charter on Human and Peoples’ Rights, article 10 - “Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms” (“The Declaration on human rights defenders”), articles 1 & 5.–Offenses against persons-Gross indecency-whether a person shall not be compelled to join an association of any kind- registration of the same may not be withheld or withdrawn unreasonably-where the Board claimed that the denial was based upon legal provisions – whether the denial by the Board amounted to an infringement of the petitioners freedom of association – Penal Code, sections 162 & 165Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony and is liable to imprisonment for five years.“Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms” (“The Declaration on human rights defenders”)“Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international level”.
Civil registration provides the basis for individual legal identity but also allows countries to identify their most pressing health issues.
CAN A SEXUAL OFFENDER PETITION THE COURT TO BE REMOVED FROM THE REGISTRY? Service on the district attorney and sheriff may be had by mailing a copy of the petition with a proper certificate of service.
§ 42-1-12 (i)(2) (1) Harbors, attempts to harbor, or assists another person in harboring or attempting harbor such sexual offender;(2) Conceals, attempts to conceal, or assists another person in concealing or attempting to conceal such sexual offender; or(3) Provides information to the law enforcement unit regarding such sexual offender which the person knows to be false information Commits a felony and shall be punished by imprisonment for not less than five nor more than 20 years." Back to Top 17. (b)(1) A petition for release pursuant to this Code section shall be filed in the superior court of the jurisdiction in which the individual was convicted; provided, however, that if the individual was not convicted in this state, such petition shall be filed in the superior court of the county where the individual resides.(2) Such petition shall be served on the district attorney of the jurisdiction where the petition is filed, the sheriff of the county where the petition is filed, and the sheriff of the county where the individual resides.
For purposes of this paragraph, the term ‘sexual offense’ means any offense listed in division (a)(10)(B)(i) or (a)(10)(B)(iv) through (a)(10)(B)(xix) of Code Section 42-1-12; or (4) Has completed all prison, parole, supervised release, and probation for the offense which required registration pursuant to Code Section 42-1-12 and meets the criteria set forth in subparagraphs (c)(1)(A) through (c)(1)(F) of Code Section 17-10-6.2.
§ 42-1-19 (a), an individual required to register pursuant to Code Section 42-1-12 may petition a superior court for release from registration requirements and from any residency or employment restrictions of this article if the individual: (1) Has completed all prison, parole, supervised release, and probation for the offense which required registration pursuant to Code Section 42-1-12; and (A) Is confined to a hospice facility, skilled nursing home, residential care facility for the elderly, or nursing home; (B) Is totally and permanently disabled as such term is defined in Code Section 49-4-80; or (C) Is otherwise seriously physically incapacitated due to illness or injury; (2) Was sentenced for a crime that became punishable as a misdemeanor on or after July 1, 2006, and meets the criteria set forth in subparagraphs (c)(1)(A) through (c)(1)(F) of Code Section 17-10-6.2; (3) Is required to register solely because he or she was convicted of kidnapping or false imprisonment involving a minor and such offense did not involve a sexual offender against such minor or an attempt to commit a sexual offense against such minor.