The High Court in Siaya has ordered the government to pay the family of a teacher, who was shot dead by a police officer nine years ago, a total of Ksh4 million in compensation.
Justice David Kemei ruled that the state had violated the constitutional rights of Coleta Amondy Onyango and her family by failing to take action against the officer involved.
The case was filed by Christine Aluoch, the daughter of the deceased, who sued the Inspector General of Police, the Office of the Director of Public Prosecutions (ODPP), the Ministry of Interior, and the Attorney General.
She accused the state agencies of failing to investigate and prosecute the officer responsible for her mother’s death.
Court documents show that the late Coleta Amondy Onyango was a high school teacher at Wambasa Girls’ School in Siaya County. In 2016, she was shot by a police officer, sustaining injuries that led to her death while undergoing treatment at Bondo Sub-County Hospital.
Following the incident, the family reported the matter to the Independent Policing Oversight Authority (IPOA), but no action was taken for years.
The petitioner also sought intervention from the Office of the Ombudsman, which in turn wrote to IPOA, urging it to investigate and bring the officer to justice.
In 2020, IPOA issued a press statement announcing its intention to charge several police officers, including the police officer, in connection with fatal shootings. Then, Cabinet Secretary for Interior Fred Matiang’i also expressed commitment to prosecuting rogue officers.
However, no tangible progress followed, prompting the victim’s family to file the constitutional petition in January this year.
The petitioner accused the Inspector General and the Ministry of Interior of failing to coordinate with IPOA to facilitate prosecution, while faulting the ODPP for abandoning its duty to act transparently and lawfully.
The respondents (the government's side) opposed the case, claiming that it lacked merit and should have been filed as a civil suit. They also argued that the Inspector General and Interior Ministry lacked prosecutorial powers, insisting that only the ODPP could make such decisions.
However, Justice Kemei dismissed these arguments, finding that the petitioner had demonstrated clear violations of the right to life and human dignity.
“The fact that a police officer committed this atrocity, it was a constitutional duty of the 1st Respondent (NPS) to apprehend the culprit and hand him over to the 2nd Respondent(ODPP) for prosecution purposes,” the judge stated.
Justice Kemei faulted the state for what he described as 'total silence' in the face of a serious human rights violation. He said the petitioner had exhausted all avenues before turning to court and could not be blamed for seeking constitutional redress.
The court awarded the family Ksh4 million as general damages, noting that while money could not restore life, it would offer some measure of consolation.
