- In a landmark case, 28 victims whose families have either been killed or were maimed by rogue police officers, have sued the government.
- They are seeking compensation for loss of life, loss of earnings among others.
The state has been slapped with a class suit over police brutality witnessed during protests against last general election results and Gen z demos.
In a landmark case, 28 victims whose families have either been killed or were maimed by rogue police officers, have sued the government.
They are seeking compensation for loss of life, loss of earnings among others.
The 28 residents of Kisumu who filed the case listed police IG, National Police Service, Attorney General and Independent Policing Oversight Authority as respondents to the case.
Also listed as interested parties in the case are International Justice Mission, Kenya National Commission on Human Rights, Katiba institute, Amnesty international and Law Society of Kenya.
The protests which took place at different dates between January and August, were triggered by the rising cost of living and other grievances against the government.
The protesters were met with excessive force from the police leading to numerous injuries and deaths.
The case, which highlights the tragic outcomes of police brutality during the protests, involves victims who were either shot, assaulted, or fatally injured by the police.
The 28, represented by LSK Kisumu chapter, are calling for accountability, compensation and justice for the violations of their constitutional rights.
The petitioners include relatives of victims who lost their lives during the protest, as well as survivors who sustained life altering injuries.
Among them are Brian Oniang’o (deceased), whose father is the 1st petitioner in the suit.
He narrates how his son was dragged from his home in Nyalenda and assaulted by police officers, succumbing to his injuries six days later.
William Amulele (deceased), represented by his mother, who was similarly dragged from his home and beaten by police officers, dying nine days later.
Joshua Kiwendo (deceased), a 17-year-old who was shot in his private area on his way to the shop and later died from his injuries, while Benard Otana(deceased), a church minister, was shot and killed while out buying food for his family.
William Onyango (deceased) was shot while operating his tuk tuk in Nyamasaria trading centre.
Several survivors also came forward as petitioners, including minors and individuals who suffered gunshot wounds, severe injuries and long-term disabilities from police violence during the demonstrations.
The 28 are seeking several key declarations and orders.
Firstly, they want the court to hold that those who were killed or injured had a right to life and right to equal protection of law which was violated by police officers.
They want a declaration that the use of lethal force for law enforcement should only be used when strictly necessary to protect life or prevent serious injury.
The petition argues that the police's use of force against the petitioners was arbitrary, unproportionate, unlawful and unconstitutional.
They want a declaration that the IG and NPS violated the petitioners’ rights by subjecting them to torture, cruel, inhumane and degrading treatment by either shooting them and /or assaulting them, causing them severe and /or fatal injuries.
The petitioners also want an order compelling the Ipoa to initiate investigations into the circumstances under which their loved ones met their death.
Also sought is an order to have the families be given information on the status of the investigations and recommendations they have arrived at in regard to the appropriate action to be taken at the conclusion of the investigation.
The case was filed at the Kisumu High Court on Wednesday by the LSK Kisumu chapter chairperson Dorcas Oluoch.
The state is yet to file its response.