Medical worker awarded Sh1.5m for police assault

Ogero testified that he was going about his business at Nambale on his motorcycle when without any form of provocation, officer Jibril Shabel hit him across the face with a baton. [iStockphoto]

A medical worker assaulted by two police officers during Covid-19 curfew restrictions has been awarded Sh1.5 million.

Inspector General of Police Japheth Koome, Interior Cabinet Secretary Kithure Kindiki and the Directorate of Public Prosecutions have been fined the sum for breaching the dignity of the medical worker, James Atogo Ogero on March 28, 2020.

Justice William Musyoka ruled that the action of the officers sued alongside their immediate boss, then Nambale Police Station Chief Inspector Rolex Nyoka for beating Ogero senseless during arrest deserved a deterrent punishment.

"When Article 28 of the Constitution is applied to a situation where the police have to effect an arrest or enforce administrative regulations, like a curfew, the dignity of the person to be arrested has to be respected and protected. The Article is specific that human dignity is inherent. Inherent in all human beings, and any action contemplated against any human being, must be carried out with the background that he or she has inherent dignity," he said.

"There was a violation of rights of Ogero, as enshrined in Articles 28 and 29, and he is entitled to reliefs under Article 22 of the Constitution, specifically that related to compensation. Taking everything into account, I order payment of compensation by the respondents, in the sum of Sh1.5 million. Cost of litigation to be paid by respondents," he ruled.

Ogero testified that he was going about his business at Nambale on his motorcycle when without any form of provocation, officer Jibril Shabel hit him across the face with a baton, causing him to lose control of the bike and land on the side of the road.

Other police officers, he said, set upon him and hit him repeatedly with batons accusing him of flouting curfew lockdown.

"Members of the public intervened to save me from the wrath of the police but were dispersed. When they (police) stopped the assault, I was assisted by wananchi to move to Nambale Health Centre, where I was examined and received first aid before being transferred to Aga Khan Hospital, Kisumu," said the medical worker in his testimony.