Minor sues police officer at Nakuru High Court over alleged assault

Court documents indicate the minor sustained head injuries, which resulted in subsequent acute amnesia. [iStockphoto]

A 15-year-old boy has sued a senior police officer for failing to take action against a teacher accused of assaulting and causing him grievous harm.

The minor in a miscellaneous application filed at the High Court in Nakuru, claims the police have been playing hide and seek by failing to bring to book key suspects in the assault despite reporting the matter.

Lawyer Peter Bore representing the minor and a former student at St Joseph's Kirandich Secondary, said his client was assaulted on April 11, 2023, by the deputy principal of the school.

The minor allegedly lost consciousness and later found himself in a hospital undergoing treatment.

Court documents indicate the minor sustained head injuries, which resulted in subsequent acute amnesia.

The minor, allegedly upon recovery, went back to school on May 16, 2023, where he was again attacked and injured by the school security officer who hit him on the head with a blunt object, resulting in a deep cut, leading to acute brain trauma and to loss of speech.

"All efforts to seek justice for the minor have been frustrated by the OCS (Officer Commanding Station) Keringet Police Station, who has declined to issue the minor with a P3 form, besides failing to arrest and charge the suspect," read part of the documents filed in court.

The lawyer said the minor's parent reported the two cases to the police in Keringet, adding that only the security guard was arrested and charged in a Molo court. Bore claimed the police have been protecting the deputy principal from prosecution and continue to frustrate all efforts to have him charged in a court of law.

The lawyer said hearing of the case against the security officer was to be heard before Chief Magistrate's Court in Molo on July 4, but he did not show up. He said he was watching brief for the minor and applied to have warrants of arrest issued.

The warrants, he said, despite being issued, have not been effected, adding that the OCS had declined to effect them unless the Inspector General of Police issues a directive.

Lawyer Peter Bore at Nakuru Law Courts on May 17, 2023. [Daniel Chege, Standard]

He pleaded with the court to intervene and order that the minor be issued with a P3 form and that action be taken against the aggressors.

Justice Teresa Odera, on July 7, issued orders certifying the application urgent and ordered the OCS to appear in court on July 11 and explain why action has not been taken against the assailants.

On July 11, Chief Inspector Ogutu Jobando appeared in court and was directed to file a replying affidavit as to the application by the minor.

In a reply filed in court last week, Jobando said the application by the minor, through his father, was not filed in good faith and is misleading the court. He claimed he received a report on May 18, 2023, at the police station that a watchman assaulted a 15-year-old student on May 15.

Investigations commenced, and the watchman, Joseph Rotich, was arrested and released on a Sh20, 000 cash bail pending the filling of a P3 form. "The father of the victim recorded his statement on May 18, 2023, and did not mention the deputy principal for having assaulted his son despite that being one month seven days after he alleged to have been assaulted on April 11, 2023," stated Jobando in his replying affidavit filed in court on July 18.

The OCS said while the father of the minor was recording his statement on May 18, a woman he identified as Sergeant Alice Rorogu of the AP Critical Infrastructure Protection Unit in Kuresoi South, claiming to be the aunt of the minor, introduced the version that the victim was slapped by the deputy principal on April 11.

Jobando stated that the father denied the version by Rorogu.

"The father then retorted that he did not want innocent persons to be dragged into the matter as the victim had categorically stated who had assaulted him. The said lady sergeant objected to the victim statement being recorded for unknown reasons," stated the OCS. He said the minor's father returned on May 23, claiming that the son had woken up after sedation on May 16, saying the deputy principal assaulted him on April 11.

Jobando stated that Sergeant Rorogu had called him with other officers and pleaded with them to have at least one teacher charged so that the school could help in meeting the treatment cost. He said he was informed by the principal the victim's parents had demanded Sh200,000, but he had offered them Sh20,000.

He said the school approved the amount plus Sh5,000 sent to the minor's father, but the AP prevented him from receiving it, claiming the offer was below the amount demanded. He dismissed claims that the deputy principal wasn't summoned.

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