By MN Reporter
Four victims of police brutality in Migori county during chaos of 2017 general elections have filed a petition to High Court in a quest for justice.
The four; Naomi Anyango Nyakure, Issah Atandi Mayaka, Stephen Lemoze Dishon and Nicholas Opiyo Sumba filed the Petition no 8 of 2021 as first, second, third and fourth petitioners respectively in a case.
The petition was filed on November 29 on their behalf by Row Advocates on cases of post-election violence between August 2017 and October 2017 saying the National Police Service allegedly used unlawful and or unjustified use if force and or firearm against them.
They said their rights to human dignity, freedom and security were trampled up as they were subjected to torture, violence, physical and psychological trauma by police officers who moved to quell chaos that greeted the election results.
They have sued Inspector General of the National Police Service, Attorney General and Director of Public Prosecution as first, second and third respondents respectively.
Kenya National Commission on Human Rights, Independent Police Oversight Authority, Independent Medico-Legal Unit have been joined in the suit as first, second and third interested parties.
The petitioners said under Article 244 (C) of the constitution of Kenya section 51(1)d, the National Police Service was created and mandate all police officers to maintain law and order, which was grossly violated.
In the petition, Nyakure said she used Sh40,200 for treatment of gunshot wounds on her left thigh, Mayaka used Sh71,080 to treat gunshot wounds on her right thigh, Dishon suffered gunshot wounds on his left hand involving thumb and left thigh and used Sh64,700 and Sumba used Sh36,290 to treat gunshot injury on both thighs.
The petitioners are seeking orders for “general and or punitive damages together with interests,” for treatment and punitive damages on violation of their rights and psychological torture caused.
They also demand a report on disciplinary, criminal or administrative action taken for “holding all police officers accountable for unlawful ad or excessive and or unjustifiable use of force.”
Speaking to the press outside Migori High Court, the four petitioners called on government and leaders in the country to ensure there is no violence in each election cycle especially with the country gearing up to 2022 general elections.
“We call for peace in each election and it is sad that violence has been hurting Kenyans as we know more people who were maimed, killed or their livelihoods disrupted and couldn’t make it to court. This petition will give them hope,” Nyakure said.
Isabel Obara, and in-house counsel for IMLU said as activists checking on police reforms they are worried that the 2022 general election will be more violent as it will couple with Covid 19 rules regulations.
“In 2020 we reported 73 cases of police violence on enforcing Covid 19 protocols, we call on police to prepare adequately for the next elections to ensure human rights and freedom from torture of all Kenyans are secured,” Obara said.
Michael Okello, and Advocate from Row Advocates said most police brutality cases take much longer time as getting P3 forms and medical reports require more lobbying and exerting pressure on police officers.
“We wrote several letters to the inspector general of police over the cases and since they were ignored, we thought of moving to court as our last resort for justice,” Okello said.
