Court awards Sh35.5m to victims of police brutality during 2023 Azimio protests

The High Court in Kisumu has awarded more than Sh35.5 million in compensation to 28 victims and families affected by police operations during the 2023 anti-government protests, finding that police officers unlawfully killed, injured and assaulted civilians in Kisumu, Migori and Ahero.

In a landmark judgment, Justice Alfred Mabeya held the Inspector General of Police, the National Police Service (NPS), the Attorney General and the Independent Policing Oversight Authority (IPOA) liable for violations of constitutional rights arising from the crackdown on demonstrators and residents during the Azimio-led protests held between March and July 2023.

The judge awarded compensation ranging from Sh300,000 to Sh4.1 million, calculated according to the severity of the injuries suffered and, in fatal cases, the loss of life resulting from what it found to be the unlawful and excessive use of force by police officers during the protests.

"I therefore ordered the Inspector General of Police, the National Police Service and the Attorney General to jointly and severally pay a total of Sh35,457,050 in compensation to families of those killed and survivors injured during the 2023 Azimio protests in Kisumu, Migori and Ahero." The judge ruled. 

The court awarded the damages to victims who suffered gunshot wounds, physical assaults and torture, as well as families of those killed during the demonstrations.

The petition had been filed by 29 petitioners led by former Law Society of Kenya Kisumu branch chair Dorcas Akinyi Oluoch on behalf of victims and families affected during the Azimio la Umoja-led cost-of-living protests.

In its judgment, the court declared that the victims' rights to life, human dignity, security of the person, freedom from torture and cruel, inhuman and degrading treatment had been violated by police officers deployed to contain the protests.

The judge found that the evidence presented before the court clearly established the injuries and deaths suffered by the petitioners.

“There is evidence of when, where, who and what happened. The actions complained of are gun shots and assault. The victims are known, there are medical reports to affirm the averments of the violence meted out on the victims.”

The court rejected arguments that the petition should await the outcome of investigations by IPOA, noting that sufficient evidence had been placed before the court to determine liability.

Among the highest awards, one petitioner received Sh4.87 million, another Sh4.12 million, while a family that lost a relative during the protests was awarded Sh4 million.

Other victims received varying amounts depending on the severity of injuries and circumstances of each case.

The court also faulted the Inspector General for failing to provide operational orders governing the conduct of officers deployed during the demonstrations.

In a condenming police leadership actions, the judge stated: “Here, the subordinates of the 1st respondent ran amok. They were under his control and direction. They perpetrated heinous acts. Someone has to take responsibility."

The court questioned whether officers had been instructed to indiscriminately use force against civilians and residents in protest hotspots.

“Were they directed to indiscriminately shoot, clobber everyone on sight, pursue and flush out people from their houses in Nyalenda, Nyamasaria and Kondele? This cannot be established unless the 1st and 2nd respondent produce the Operation Orders applicable. These they did not produce.”

The judgment further criticized IPOA for failing to conclude investigations into the killings and injuries more than two years after the incidents occurred.

“IPOA cannot run away from its responsibility. There is no investigation that can be too complex as to take forever to be undertaken. It is an attitude problem. This must not be encouraged.”

The judge observed that prolonged delays in investigations were undermining accountability efforts and risking the loss of crucial evidence.

“Evidence is being eroded while IPOA takes its sweet time.”

In one of the most striking passages of the judgment, the court described the accounts presented by victims as a grim reflection of what transpired during the protests.

“All that is narrated above is not from any blockbuster movie or any warfront. It is actual events that took place in Migori, Kisumu and Ahero.”

Beyond the monetary awards, the court issued far-reaching orders requiring the National Police Service and relevant government agencies to develop and publish regulations governing public demonstrations, picketing and the use of force by police officers.

The ruling is expected to intensify scrutiny of police conduct during the 2023 protests and increase pressure on both the National Police Service and IPOA to ensure accountability for deaths, injuries and alleged human rights abuses committed during the demonstrations.