The High Court in Nairobi has awarded a Jomo Kenyatta University of Agriculture and Technology (JKUAT) student Ksh8 million after finding that police officers violated his constitutional rights during student protests in 2019.
The court ruled that the student's unlawful arrest, assault, and detention breached several constitutional protections, while state agencies also failed to ensure accountability.
The judgment adds to growing scrutiny of law enforcement over alleged human rights violations during public demonstrations in Kenya.
The judgment reinforces constitutional protections, emphasizes police accountability, and affirms that victims of unlawful state actions are entitled to justice, compensation, and effective legal remedies.
Court Finds Police Violated Student's Constitutional Rights
The High Court ordered the Inspector General of the National Police Service and the Office of the Director of Public Prosecutions (ODPP) to jointly pay the student Ksh8 million in compensation.
Justice Patricia Nyaundi ruled that police officers violated the student's constitutional rights after assaulting and arresting him without lawful justification during unrest near JKUAT in November 2019.
According to the judgment, the student was walking near the university when police officers accosted him before violently assaulting him and taking him into custody.
The court found that the officers' conduct violated his right to human dignity, security of the person and freedom from cruel, inhuman and degrading treatment as protected under the Constitution.
Court Orders Compensation
| Item | Details |
|---|---|
| Compensation Award | Ksh8 million |
| Petitioner | JKUAT student |
| Respondents | Inspector General of Police and ODPP |
| Incident | Police assault and unlawful arrest |
| Year of Incident | 2019 |
Timeline of the Case
November 2019
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Student Assaulted During Protests
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Investigations Conducted
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Court Finds Rights Violated
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Ksh8 Million Compensation Awarded
The court also declared that the student's detention and treatment amounted to violations of fundamental constitutional rights.
Court Criticises Failure to Hold Officers Accountable
Evidence presented before the court showed that the assault was captured on video, prompting investigations by oversight bodies.
The investigations confirmed that the incident occurred and identified the officers involved.
According to court documents, the ODPP acknowledged there was sufficient evidence to prosecute the officers.
However, prosecutors opted to pursue a diversion process instead of criminal proceedings.
The court found that the diversion process was never implemented, leaving the student without an effective legal remedy.
Justice Nyaundi ruled that the failure to conclude the accountability process violated the petitioner's constitutional right to access justice.
Medical Evidence Supported the Student's Claims
Court documents showed the student was beaten, kicked and restrained before being forced into a police vehicle, where the assault allegedly continued.
He was later detained at a police station despite his injuries and was denied prompt medical attention before eventually being released without being formally charged or properly booked.
Medical and psychological reports presented during the case confirmed that the student sustained physical injuries and continued to experience trauma, including symptoms consistent with post-traumatic stress.
The ruling comes as calls for greater police accountability continue to grow amid public concern over allegations of excessive force, unlawful arrests, enforced disappearances, and other constitutional violations during protests.
By awarding compensation and affirming the student's constitutional rights, the High Court reinforced the obligation of law enforcement agencies to act within the law and underscored the importance of accountability where state officers violate fundamental freedoms.
