Minor sues police officer at Nakuru High Court over alleged assault

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.