The Court of Appeal in Kisumu ordered the State on Friday, July 22, to compensate the family of Allan Amugune Tobiko with Ksh2 million. Allan was tragically killed by police officers during a protest in 2017.
Justices Patrick Kiage, Mumbi Ngugi and Francis Tuiyott stated that the evidence presented in court clearly indicated that a police officer's firearm was responsible for the fatal shooting of Tobiko, who was not participating in the protest.
Teddy Mudanye Tobiko, acting as the administrator of the Estate of Allan Amugune Tobiko, filed a lawsuit against the State in response to the unfortunate death of their relative during the protest. The applicant submitted that the loss of their kin had resulted in profound trauma and emotional distress among all those who knew him.
While agreeing with the applicant, Justice Kiage observed that the death of protesters at the hands of police officers had become so rampant, noting that such actions are unacceptable and must be condemned by society.
"This appeal is yet another case, alas too many, involving an innocent Kenyan felled by a bullet fired in an attempt to disperse a riotous mob, of which he was not a part," Justice Kiage stated in the judgment.
The appeal stems from a case presided over by Lady Justice H.A. Omondi at the Bungoma High Court in July, 2017, and viciously defended by the State.
In the case, Mr. Tobiko sued the Ministry of Interior, the National Police Service and the Inspector General of Police.
The applicant alongside his family members also sued the Attorney General and the President. The protracted case was heard for more than five years.
However, the state argued that Tobiko's death was not predetermined since he was killed by a stray bullet.
The State also recognised the pain that Tobiko's family had to contend with, noting that no one should lose their innocent loved ones to an unfortunate incident.
In response, Mr. Tobiko accused the police officer of abdicating his responsibility by firing a gun at a densely populated place despite full knowledge that the bullet could kill an innocent person.
The three-judge-bench ordered Attorney General Justin Muturi to process the compensation and channel it through the Tobiko family's attorneys
In their judgment, Justices Patrick Kiage, Mumbi Ngugi and Francis Tuiyott noted that police brutality against protesters is a serious problem that has been documented by human rights groups and the United Nations.
In recent months, there have been a number of incidents in which police have used excessive force to disperse protests, resulting in deaths and injuries.
One of the most recent examples of police brutality against protesters in Kenya occurred on Wednesday, July 12, when police fired at a crowd of protestors in Nairobi. The shootings left six people dead and dozens injured. The protesters were demonstrating against tax hikes and the high cost of living.
