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Tailor who was shot by police awarded Sh2.1m


A tailor who was shot by police in Kibera during the 2007 post-election violence has been awarded Sh2.1 million.

High Court judges Isaac Lenaola, George Odunga and Mumbi Ngugi found that the police breached Francis Khashiyi's right to protection during the chaos in Kibera.

The judges slammed the police for being reckless and using live bullet on the unarmed man.

Mr Khashiyi was shot in the lower back for asking why the officers, who had been deployed to quell protests in Kibera, were battering a woman

He was awarded Sh2 million as compensation for pain and general damages.

In addition, the court awarded him Sh80 000 for future medical expenses and a further Sh53,390 to recover the cost he has incurred for treatment.

A doctor's medical report also attracted Sh3,500 in favour of the man.

"The petitioner's right to security of persons and human dignity and the right to have that dignity protected and respected were violated by the police and that the actions by the police and/or treatment of the petitioner by the police were reckless, negligent, cruel and inhuman and in complete disregard of his fundamental right to security of person and human dignity," the court ruled.

The court found that the man did not provoke the police, and that an officer mercilessly shot him.

Khashiyi told the court that on January 17, 2007 at around 3pm while purchasing groceries, a group of armed police officers alighted from a train and started shooting in the air and hurling tear gas canisters aimlessly.

He said all the people in the vicinity took cover in nearby houses and that one officer embarked on destroying vegetable kiosks.

A woman who was in hiding with Khashiyi could not hold her rage on seeing her stall being brought down. She confronted the officer.

"The said police officer turned on the lady and started assaulting her using the butt of his gun," he testified.

Khashiyi, who also told the court that he is also a preacher, rushed to plead with the officer to stop the assault. This earned him a bullet from frenzied officer.

The court heard that he was in a coma for three days and that he spent Sh80,000 on medical care.

In defence, police superintendent Herbert Khaemba testified that his men shot in the air after youths engaged them in running battles.

He added that the youths completely damaged a police vehicle using stones.

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