The High Court has awarded former Jomo Kenyatta University of Agriculture and Technology student Allan Omondi KSh 8 million in general damages, finding that his constitutional rights were violated following a brutal police assault and prolonged denial of justice.
In a judgment delivered on Monday, Justice Patricia Nyaundi held that the Inspector-General of Police and the Office of the Director of Public Prosecutions are jointly liable for the violations suffered by Omondi after he was assaulted and unlawfully detained during student protests near the JKUAT campus on November 11, 2019.
The incident, which was captured on video and widely shared on social media, sparked public outrage and prompted investigations into the conduct of the officers involved.
Although investigations established sufficient evidence to prosecute four police officers, the Office of the Director of Public Prosecutions opted to pursue the matter through a diversion process instead of criminal prosecution. The court heard that the diversion framework was never implemented, leaving the petitioner without an effective legal remedy for several years.
Justice Nyaundi ruled that the assault and unlawful detention violated Omondi's constitutional rights to human dignity, personal liberty, and freedom from cruel, inhuman, and degrading treatment.
The court further found that the prolonged failure by the prosecution to conclude the matter amounted to institutional inaction, denying the petitioner his constitutional right to access justice.