NAIROBI, Kenya — The High Court has awarded a student from the Jomo Kenyatta University of Agriculture and Technology (JKUAT) Sh8 million in damages after finding that police officers violated his constitutional rights during his arrest and assault amid student protests in November 2019.
In the judgment, Justice Patricia Nyaundi ordered the compensation to be paid by 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 court ruled.
Rights violated
The petition arose after the student was accosted by police officers while walking near the university during unrest at the institution in November 2019.
The court found that officers assaulted him without explanation or lawful justification before arresting and detaining him.
Justice Nyaundi held that the officers’ conduct violated the student’s constitutional rights to human dignity, security of the person and freedom from cruel, inhuman and degrading treatment, as protected under Articles 28 and 29 of the Constitution.
“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,” the judge ruled.
Court faults prosecution process
The High Court also found that the student’s right of access to justice had been violated after accountability measures initiated by State agencies were not concluded.
Evidence presented before the court showed that the incident was captured on video, prompting investigations by oversight bodies that confirmed the assault and identified the officers involved.
According to the judgment, the ODPP acknowledged there was sufficient evidence to prosecute the officers but instead opted for diversion, an alternative dispute resolution mechanism in criminal matters.
The court found that the diversion process was never implemented, leaving the petitioner without an effective legal remedy.
Injuries and trauma
Court documents showed the student was beaten, kicked and restrained before being forced into a police vehicle, where he was allegedly assaulted again while being transported.
The court further heard that he was detained at a police station despite his injuries, held in poor conditions and denied prompt medical attention before eventually being released without being formally charged or properly booked.
Medical and psychological reports produced in court indicated that the student sustained physical injuries and continued to suffer psychological trauma, including symptoms consistent with post-traumatic stress disorder.