By Arnold Ageta
A concerned citizen has sued the state over the assault of a Multimedia University student who participated in a peaceful protest.
Frederick Bikeri Ochoki, the Petitioner, has sued the Inspector General of Police (1st Respondent), the Attorney General (2nd Respondent), the Office of the Director of Public Prosecutions (3rd Respondent), and the Director of Criminal Investigations (4th Respondent), with the Independent Policing Oversight Authority listed as an Interested Party.
Mr. Ochoki argues that on September 17, 2024, students of Multimedia University engaged in peaceful protests after issuing a formal strike notice to the administration.
“The protest was driven by grievances over water shortages and poor sanitation on campus, with the students holding the administration responsible for failing to address these issues,” read the petition.
During the peaceful protest, the Petitioner, Mr Ochoki says Trevor Mureithi, one of the demonstrators, was brutally beaten and sustained a fractured foot.
“Five police officers assaulted Trevor Mureithi, leaving him injured on the ground before detonating a teargas canister right next to his head,” Ochoki adds in his petition.
According to Mr. Ochoki, Trevor Mureithi was exercising his democratic right to freedom of expression, picketing, and demonstrating, as he was dissatisfied with the institution’s failure to address the students’ grievances.
“The brutal and inhumane assault by police officers to prevent him from freely expressing himself constitutes a clear violation of Articles 36 and 37 of the Constitution of Kenya,” says Ochoki. “To the extent that Trevor Mureithi who was unarmed, was inhumanely assaulted by five police officers is a clear violation of Articles 28 and 29 of the Constitution of Kenya.”
The use of disproportionate and excessive force by the five police officers against an unarmed civilian, says Mr. Ochoki, also contravenes Sections 61 and 95 of the National Police Service Act, 2011.
The petition states that the police brutality inflicted on Trevor Mureithi further violates Article 244 of the Constitution, which requires the National Police Service to uphold constitutional standards of human rights and fundamental freedoms.
Mr. Ochoki wants the court to hold the first respondent (IG) liable for the actions of the five police officers who violated Trevor Mureithi’s human rights and fundamental freedoms. “An order of compensation and reparation for the violation of the fundamental right of Trevor Mureithi as provided and guaranteed under the constitution,” read the prayers of the petition.
Mr. Ochoki further asks the court to compel the IG to cover the costs of the petition.
Trevor Mureithi, who is a first-year student in the Faculty of Media and Communication, found himself at the center of the confrontation with aggressive police officers.
According to the Petitioner, the student was in his hostel with other students when four police officers threw a tear gas canister at them.
“As he and others fled for safety, he fell into a ditch, injuring his leg. Despite his injury, the four police officers beat him mercilessly,” say Ochoki in his sworn affidavit.
Mr. Ochoki, who is represented by Elkana Mogaka of Elkana Mogaka and Associates Advocates, argues that these facts raise serious concerns that the country is falling back to the old days when police officers would commit atrocities against peaceful protesters and go unpunished.
“As a result of assault by the five police officers, the student sustained a fracture in his foot and is currently receiving treatment at the Rongai Orthopedic Medical Centre as he continues to nurse his injuries as a result of the horrific ordeal in the hands of the four police officers,” read the affidavit.
In his orders, Justice Mwita directed that the pleadings be served to the respondents and that further directions will be given on October 8, 2024.
