- High Court has ordered government to compensate 11 Gen Z protesters with Ksh 2.2 million.
- Each protester will get Ksh 200,000 for unlawful treatment during anti-Finance Bill demos.
- Judge Bahati Mwamuye ruled police acted beyond their legal limits.
- The ban on demonstrations by Nairobi police was declared unconstitutional.
- Court faulted police for using excessive force and making illegal arrests.
- Petitioners said they were beaten, arrested without reason, and denied legal access.
Justice for Victims of Police Brutality
The High Court has delivered a firm verdict against police misconduct, awarding Ksh 2.2 million to 11 individuals who were mistreated during the 2024 protests against the Finance Bill.
Justice Bahati Mwamuye, while issuing the ruling on April 30, noted that the actions of police went against the Constitution and violated the rights of peaceful demonstrators.
Police Overstepped Legal Mandate
In a strongly worded judgment, the court ruled that the police acted outside their constitutional boundaries during the protests.
Justice Mwamuye emphasized that the right to protest peacefully is protected under the law and no authority has power to suspend it arbitrarily.
He declared that orders issued by then Nairobi Police Commander Adamson Bungei to ban protests were unlawful, lacking both legal and constitutional basis.
Violation of Constitutional Freedoms
The court found that the police’s conduct breached several fundamental rights. These included: Right to peaceful assembly, Freedom of expression, Human dignity, Protection from arbitrary arrest, Right to due process
Justice Mwamuye said the ban and subsequent police actions violated Articles 27, 28, 29, 33, 37, 49, and 244 of the Kenyan Constitution.
Petitioners Detail Shocking Abuse
The case was filed by 11 petitioners, who narrated disturbing accounts of how police handled the demonstrations.
They told the court that officers brutally beat and tortured peaceful participants, using tear gas, water cannons, and even live bullets to disperse unarmed crowds.
In their submissions, the petitioners revealed that they were arrested without being told the reason, and were denied the right to contact lawyers or family.
Unlawful Ban Triggered Chaos
The petitioners linked the violence to a public announcement made by Adamson Bungei, who declared a blanket ban on protests.
They described the announcement as arbitrary, illegal, and an abuse of office, stating it gave police the green light to act with impunity.
“The Respondents beat, clobbered, and humiliated peaceful marchers. Their actions amounted to cruel, inhuman, and degrading treatment,” they stated in court.
They further alleged that the violent crackdown happened under instructions from the Inspector General of Police and Bungei, in total disregard of the Constitution.
