High Court Awards Ksh2.2 Million to 11 Victims, Declares Police Actions Illegal During 2024 Gen-Z Protests
The High Court has made a major ruling defending Kenyans’ right to peaceful protests by awarding Ksh2.2 million in compensation to 11 victims of police brutality.
This landmark judgment was delivered on Wednesday, April 30, by Justice Bahati Mwamuye, who declared that the actions of former Nairobi Police Commander Adamson Bungei were unconstitutional.
The case stemmed from a petition filed by 11 individuals who were part of the June 2024 “Gen-Z protests,” a youth-led movement that drew thousands to the streets.
The protests were met with force from police, who clashed with demonstrators in what became widely criticized confrontations.
The High Court found that Bungei’s orders violated multiple constitutional rights, including Articles 27, 28, 29, 33, 37, 49, and 244, which protect freedom, dignity, and the right to assemble.
Justice Mwamuye ruled that each petitioner would receive Ksh200,000 for the violation of their rights.
The total payout, amounting to Ksh2.2 million, includes both general and exemplary damages meant to compensate and also punish the misconduct by law enforcement.
The victims told the court that the police had used excessive and unnecessary force. They described being tear-gassed without cause, beaten with batons, and even facing live bullets during the peaceful protest.
The High Court echoed their concerns, strongly criticizing the police for their brutal approach.
The Inspector General of Police, along with an unnamed officer in plain clothes, were also implicated in the legal action. The Law Society of Kenya pointed to their possible responsibility in the tragic death of a protestor during the 2024 demonstrations.
In addition to awarding damages, the court issued strict new directives to the police. Going forward, any police officer deployed at public protests or assemblies must be clearly identifiable and in uniform.
The court banned the use of face coverings or any means to hide officers’ identities during such operations.
Justice Mwamuye emphasized, “A declaration is hereby issued that any law enforcement officer deployed to maintain law and order during an assembly, demonstration, or picketing must be in uniform and shall not, in any way, conceal their identity, including by obscuring their face, so as to remain unidentifiable.”
This court decision arrives at a time when public scrutiny of how Kenyan authorities handle protests has intensified.
The spotlight was recently reignited by the BBC’s explosive documentary titled Blood Parliament, which examines the government’s response to the 2024 anti-Finance Bill protests.
The documentary presented disturbing evidence suggesting that some police officers intentionally concealed their identities while using extreme force against protestors.
Videos showed officers wearing balaclavas and scarves to hide their faces, actions that were widely condemned.
Findings from several human rights groups support the claims, indicating that live ammunition was used during the demonstrations, leading to the deaths of at least six protestors outside Parliament in June 2024. Three of these fatal incidents were detailed in the BBC investigation.
The High Court’s ruling is being seen as a significant step toward accountability and the protection of civil rights in Kenya.
It sends a clear message that unlawful police actions will not go unchallenged and that the right to protest must be respected.
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