JKUAT Student Wins Ksh8 Million in Police Brutality Case

Jukwaa

🇰🇪 Breaking It Down

In a judgment obtained by Kenyans.co.ke , the court ordered that the amount be paid by the respondents, the Inspector General of the National Police Service and the Office of the Director of Public Prosecutions (ODPP).

“The Petitioner is awarded the sum of Kshs 8 million for the violation of his rights, payable by the 1st and 2nd Defendants,” the judgement read.

The case arose after the petitioner was accosted while walking near the university amid student unrest in November 2019 and assaulted by police officers without prior explanation or lawful justification.

📌 What You Need to Know

In its findings, the court held that the police officers’ actions violated the student’s right to dignity, freedom from cruel treatment and security of the person.

“A declaration hereby issues that the violent assault and subsequent arrest and detention of the Petitioner by the officers of the 1st respondent occasioned a violation of the right to human dignity, freedom from cruel, inhuman and degrading treatment contrary to Articles 28 and 29 of the Constitution of Kenya, 2010,” Justice Patricia Nyaundi directed.

Additionally, the court held that the handling of the case by state agencies, including the failure to conclude accountability measures, left the student without an effective remedy.

Evidence presented showed that the incident was captured on video and later triggered investigations by oversight bodies, which confirmed the occurrence of the assault and identified the officers involved.

The court found that the ODPP had acknowledged there was sufficient evidence to charge the officers but opted for diversion, a process for resolving criminal cases without full court proceedings, which was never implemented.

It ruled that the failure to operationalise the diversion process violated the petitioner’s access to justice.

📰 Source: Kenyans.co.ke

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