Justice Reuben Nyakundi Orders State to Pay Ksh6.8 Million for Unlawful Arrests
Kajiado High Court Judge Reuben Nyakundi has ordered the state to pay Ksh 6.8 Million in compensation to 20 people for unlawful arrests.
While making the ruling, Justice Nyakundi faulted the police for unfairly infringing on their rights as arrested persons.
The judge ordered that each of the 19 people be paid Ksh100,000 as general compensation and a similar amount as exemplary damages.
At the same time, he ordered that the lawyer who represented them in the case, Stephen Nzaku, be awarded Ksh3 million.
Reports indicate that on June 4, 2016, at about 9pm, 19 people were arrested around Tumaini Supermarket in Ongata Rongai, Kajiado County, while engaging in their normal businesses and bundled into a police vehicle.
“The award is not just a mere compensation for violation of their rights, but also to serve as a caution against such infringements in future," Nyakundi warned.
He further went on to add, “The act of apprehending a person without notice, even if it is for a short period, has far-reaching effects on his or her rights."
According to the judge, courts ought to strongly condemn the arbitrary use of police power on innocent citizens.
“Gone are the days when the marginalized members of our society were bundled into police cells under this rubric of offenses, incapable of constituting any criminal elements,” he ruled.
The officers, who were all based at Ongata Rongai Police Station, denied having acted unlawfully.
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