The High Court has awarded Ksh 8 million to a student at Jomo Kenyatta University of Agriculture and Technology (JKUAT) after finding that his constitutional rights were violated when he was arrested by police officers during protests.
According to reports, 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).
Reports indicate that 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.
The court found out that the police officers’ actions violated the student’s right to dignity, freedom from cruel treatment and security of the person.
JKUAT student was awarded 8 million after winning a brutal police case
In addition, 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 further 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.
In it’s ruling, the court stated that failure to operationalise the diversion process violated the petitioner’s access to justice.
The student was reportedly beaten, kicked and restrained in degrading circumstances before being bundled into a police vehicle and assaulted while in transit.
Additionally, the court noted that he was then taken to a police station where he was detained in poor conditions despite his injuries and denied timely medical attention.
He was eventually released without being formally charged or properly booked.
