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The Nairobian

18 men get cash for illegal arrest

Central

By Nderitu Gichure | Dec 02, 2015

The High Court has awarded 18 people Sh1.8 million as compensation for unlawful arrest and detention by the police.

The 18 were arrested in a bar five years ago, as they enjoyed their drink.

Judge John Mativo yesterday ruled that each of the 18 victims will receive Sh100,000 from the Government as compensation for their illegal arrest.

In a suit filed on January 18, 2010 the plaintiff had named the Office of the Attorney General as the defendants, who nevertheless did not make any appearance during the case.

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It all started on December 23, 2009 as the plaintiffs were enjoying their drinks at "Mutura Muno Ndagaga" bar (meaning those who persevere eventually make it in life) at Tambaya, Mukurwe-ini.

A contingent of police officers from Mukurwe-ini Police Station stormed the bar, arrested, handcuffed and bundled the plaintiffs into a waiting police vehicle.

"We were locked in an overcrowded police cell, with urine and human on the floor waste, and little ventilation," Richard Macharia who testified on behalf of the others told the court.

He said they spent the whole night standing, the filthy conditions notwithstanding.

"Those unable to stand were forced to sit on the urine and human waste that was splattered on the entire floor," the applicants said.

During the time of arrest, Mr Macharia said, police were violent, unruly and used brutal force, and also conducted searches on them in inhuman ways.

He told Justice Mativo that on December 24 the following day at around 11.45am, they were released without any charges preferred against them.

He submitted that the police could not explain the reason for their arrest and subsequent detention.

"These chains of actions were unwarranted, illegal, unlawful and not in sync with the Constitution," Macharia added.

He said they went through mental torture, degrading treatment and suffered damages, adding that their reputation as honest community members was dented as a result of the illegal arrest.

"These actions were calculated to portray and destroy our image and standing in the society as not law abiding citizens, criminals and unworthy members," they explained.

In his response, dated January 28, 2010, the AG asked the court to dismiss the suit on the grounds that it was bad in law.

"The plaintiffs were arrested after police received some complaints, the arrests and detention was pursuant to a legal and statutory duty," the AG urged.

In his judgment, Mativo observed that the actions by the police amounted to "high handedness", saying the amount will be adequate compensation for the general damages.