Rights groups in the country have filed a class suit on behalf of the victims of police killings and brutality witnessed during the Covid-19 period.
Amnesty International, IJM, HAKI Africa, and Kituo Cha Sheria says hours before the effective time of the curfew order, law enforcement officers meted violence and brutality on members of the public.
The respondents in the case are the Inspector General of Police, Interior CS, and the Attorney General who have been sued for failing to uphold their mandate while enforcing the curfew order.
The petitioners on behalf of victims hence are seeking compensation from the state following the unlawful use of brutality on the public.
The groups said that there have been several instances of brutal, disproportionate and unnecessary use of force while enforcing the curfew order.
It added that members of the public have been beaten, shot at, teargassed leading to serious injuries and deaths.
“The petition also calls out the government for the intentional failure by the state to operationalise the National Coroners Service Act, the Prevention of Torture Act, and the Victims Protection Act.”
One of the victims Hussein Moyo is seeking Sh17,000 as burial fees while Judith Simiyu seeks Sh158,300 and Daniel Waithugi Nga’nga wants to be paid Sh140,800 by the state as compensation.
Amnesty argues that the night to dusk curfew order by the state was enforced in the most brutal, unreasonable and un-proportionate manner.
It is their argument that the victims have suffered immense several mental and physical injury and the hopes and dreams of living a fulfilling life have been dashed.
They further claim that the police in enforcing the curfew shot at innocent Kenyans rounded up, lobbed teargas and mercilessly beat them up.
“Some of the victims who are petitioners was a 13-year-old minor who did not pose any threat to the police,” the petition reads.
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The prayers sought in the Petition include:
a) A declaration that of the actions by the police and/or treatment of the Petitioners by the police was excessive, un-proportionate, unreasonable, reckless, negligent, cruel and inhuman and in complete disregard of the rights and fundamental freedoms of the Petitioners.
b) A declaration that the police failed to uphold their mandate and obligations under Article 243 a) c) e) of the Constitution and under Chapter 47 the National Police Service Orders.
c) A declaration that the Respondents and the state are responsible through the doctrine of ‘Respondent Superior’ for the actions of the law enforcement officers of the various violations of the Petitioners’ rights.
d) A declaration that the Respondents compromised or violated the rights to life, the security of Person of the Petitioners and the legitimate expectation of the Petitioner’s under Article 26 of the Constitution, Article 29 read together with Article 25 (a) of the Constitution of Kenya, Article 4, 5 and 6 of the African Charter on Human and People’s Rights and Article 3 of the Universal Declaration of Human Rights.
e) A declaration that the Petitioner’s right to Human Dignity and the right to have that dignity protected and respected was as enshrined under Article 28 of the Constitution of Kenya was violated by the state through its agents and/or servants.
f) A declaration that the failure by the state to fully operationalize implement the Victims Protection Act, the National Coroners Service Act and Prevention of Torture Act, 2017 has violated the fundamental rights and legitimate expectation of the Petitioners and the Kenyan citizens.
g) An order of mandamus directed to the Attorney General to advise the President to designate/ appoint a Cabinet Secretary in charge of justice or to assign the responsibility of a Cabinet Secretary in charge of Justice under an Act to him in order to ensure operationalization/ implementation of the Victims Protection Act, the National Coroners Service Act and Prevention of Torture Act, 2017.
h) A declaration that as a result of the breach of rights the petitioners suffered damages, pain and suffering.
i) An order for compensation as enshrined and provided for under Article 23(e) of the Constitution made up of special damages for the expenses incurred and the damages for loss of lives, General damages and exemplary damages.