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High Court has awarded Ex-JKUAT student Ksh8 Million for police brutality and delayed justice.
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In a judgment delivered by Justice Patricia Nyaundi, the court found that Allan Omondi’s constitutional rights were violated when police officers assaulted and unlawfully detained him during a student protest near JKUAT in November 2019.
A former Jomo Kenyatta University of Agriculture and Technology (JKUAT) student has won a major legal battle after the High Court ordered the Inspector-General of Police and the Office of the Director of Public Prosecutions (ODPP) to jointly pay him Ksh8 million in damages for police brutality and failure to deliver justice.
In a judgment delivered by Justice Patricia Nyaundi, the court found that Allan Omondi’s constitutional rights were violated when police officers assaulted and unlawfully detained him during a student protest near JKUAT in November 2019.
The incident occurred on November 11, 2019, when Omondi was allegedly attacked and arrested by police officers while walking to his hostel. A video of the incident later circulated widely on social media, attracting public outrage and prompting investigations by the Independent Policing Oversight Authority (IPOA).
The court ruled that the actions of the officers violated Omondi’s rights to dignity, freedom, and security as guaranteed under the Constitution.
Justice Nyaundi further found that the ODPP infringed on his right to access justice after opting to resolve the matter through a diversion process instead of prosecuting the four officers implicated in the assault.
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Although investigators found sufficient evidence to charge the officers, the diversion process was never implemented, effectively leaving the case unresolved for years.
“The failure to implement the diversion process left the petitioner without a remedy,” the court observed while awarding Omondi Sh8 million in general damages.
The judgment also directed the Inspector-General of Police and the ODPP to bear the costs of the petition. However, the Attorney General and IPOA were cleared of any liability in the matter.
The ruling is being viewed as a significant victory for victims of police misconduct and a strong reminder that state institutions can be held accountable for violations of constitutional rights and delays in the administration of justice.
For Omondi, the award marks the end of a nearly seven-year quest for justice and a vindication of his fight against abuse of power.
By Kithinji Njeru
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