The High Court in Nairobi has awarded Ksh8 million to a Jomo Kenyatta University of Agriculture and Technology (JKUAT) student after finding that his constitutional rights were violated during his arrest and detention by police officers in the course of student protests.
In a judgment obtained by kenyanbulletin.com, the court directed that the compensation be paid by the Inspector General of the National Police Service and the Office of the Director of Public Prosecutions (ODPP), citing violations of the student’s fundamental rights.
“The Petitioner is awarded the sum of Kshs 8 million for the violation of his rights, payable by the 1st and 2nd Defendants,” the judgment read.
The case stemmed from an incident in November 2019 when the student was walking near the university during unrest and was allegedly accosted by police officers without explanation or lawful justification. He was reportedly assaulted and detained in circumstances the court later found to be unconstitutional.
The court held that the conduct of the officers violated the student’s rights to dignity, security of the person, and freedom from cruel, inhuman and degrading treatment as protected under Articles 28 and 29 of the Constitution of Kenya, 2010.
“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,” stated Justice Patricia Nyaundi.
The court further faulted state agencies for failing to conclude accountability measures, noting that this denied the petitioner an effective remedy. Evidence presented showed that the incident had been captured on video and later investigated by oversight bodies, which confirmed the assault and identified the officers involved.
According to the court, the ODPP had acknowledged that there was sufficient evidence to charge the officers but instead opted for a diversion process that was never implemented. This failure, the court held, amounted to a denial of access to justice.
Court documents further detailed that the student was beaten, kicked, and restrained in degrading conditions before being bundled into a police vehicle and allegedly assaulted during transit. He was later detained in poor conditions despite his injuries and denied timely medical attention, before being released without formal charges or proper booking.
Medical and psychological assessments presented in court indicated that the student suffered both physical injuries and long-term psychological trauma consistent with post-traumatic stress disorder.
The ruling adds to growing public scrutiny over alleged police brutality and calls for accountability and reforms within Kenya’s security agencies, particularly in cases involving protests and civilian rights violations.