The government is facing a class-action lawsuit over police brutality that occurred during protests against the last general election results and Gen Z demonstrations. In a landmark case, 28 victims, whose families have either been killed or severely injured by police officers, have filed a suit seeking compensation for loss of life, lost earnings, and other damages.
The plaintiffs, all from Kisumu, have named the Police Inspector General, the National Police Service, the Attorney General, and the Independent Policing Oversight Authority as respondents. Also involved as interested parties are the International Justice Mission, the Kenya National Commission on Human Rights, the Katiba Institute, Amnesty International, and the Law Society of Kenya.
The protests, which took place between January and August, were sparked by rising living costs and other grievances against the government. Protesters were met with excessive force from the police, resulting in numerous injuries and deaths.
The lawsuit highlights the severe outcomes of police brutality during these protests. The victims, who were either shot, assaulted, or fatally injured by police, are represented by the Kisumu chapter of the Law Society of Kenya and are demanding accountability, compensation, and justice for the violations of their constitutional rights.
Among the petitioners are the families of those who died during the protests. Brian Oniang’o’s father is the first petitioner; Oniang’o was dragged from his home in Nyalenda, assaulted by police, and died from his injuries six days later.
William Amulele’s mother is petitioning on his behalf; he was similarly dragged from his home and beaten by police, dying nine days later. Joshua Kiwendo, a 17-year-old, was shot in his private area on his way to the shop and later died. Benard Otana, a church minister, was shot while buying food for his family, and William Onyango was shot while operating his tuk-tuk in Nyamasaria trading center.
Several survivors have joined the petitioners, including minors and individuals who suffered gunshot wounds, severe injuries, and long-term disabilities due to police violence during the demonstrations.
The 28 petitioners are seeking several key declarations and orders:
1. Right to Life and Equal Protection: They want the court to affirm that the deceased and injured individuals had a right to life and equal protection under the law, which was violated by police officers.
2. Use of Lethal Force: They seek a declaration that lethal force in 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 was arbitrary, disproportionate, unlawful, and unconstitutional.
3. Violations of Rights: The petitioners request a declaration that the Inspector General of Police (IG) and the National Police Service (NPS) violated their rights by subjecting them to torture, cruel, inhumane, and degrading treatment through shootings or assaults, resulting in severe or fatal injuries.
4. Investigation Orders: They seek an order compelling the Independent Policing Oversight Authority (IPOA) to investigate the circumstances surrounding the deaths and injuries of their loved ones.
5. Information on Investigations: The petitioners also want an order for the families to receive information on the status of the investigations and any recommendations regarding the appropriate actions to be taken upon conclusion.
The case was filed at the Kisumu High Court on Wednesday by Dorcas Oluoch, chairperson of the LSK Kisumu chapter. The state has yet to file its response.
