The High Court has ordered Inspector General of Police Douglas Kanja and two police officers, Corporals Anthony Kung’u and John Kaara, to pay rice farmer George Gakono Ksh 500,000 for injuries caused by excessive use of force.
On February 17, 2016, Gakono was confronted over an unpaid water levy under the direction of the Water Irrigation Board.
The officers did not initially identify themselves and claimed that the confrontation was over a pending water bill owed by Gakono.
Gakono argued in court that the force used by the two police officers was entirely disproportionate, as he did not own a rice paddy.
After the officers tortured and assaulted him, he went to seek medical attention and obtained a P3 form two days later.
Gakono went on to explain how he was desperate to get justice and hoped that by reporting corporals Anthony Kungu and John Kaara to the Officer Commanding Station at Sagana Police Station would initiate his path to justice.
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To his shock, Gakono was arrested and charged at Wanguru’s Magistrate Court in Kirinyaga County with assault.
The lower court would, however, rule in his favour, acquitting him of the charges due to lack of evidence to support the charges.
Kanja sued
Upon his release, Gakono sued the Attorney General, the Inspector General Kanja, and the two police officers.
Specifically, he accused IG Kanja of failing to investigate the assault and torture charges he had filed earlier when he took the P3 form.
He also said that the worst part after all the trouble he had to go through, was that he was charged with made-up allegations.
Gakono insisted that he was subjected to cruelty, and in violation of the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment under the African Charter on Human and People’s Rights.
To make it better for Gakono, the State opposed the case in affidavits sworn by corporal Anthony Kungu and Police Constable Abdiker Yarow.
In their defence, the two officers claimed that they were accompanied by Irrigation board officials Joseph Kariuki and Charles Muchangi to arrest Gakono for failing to pay the water levy.
They added that they informed Gakono of the purpose of the visit, handcuffed him, but he allegedly turned violent.
The officers also claimed that Gakono allegedly incited the public to stone and destroy the board’s vehicle, before the public engulfed them forcing them to retreat and report the alleged assault at Wanguru Police Station.
Justice served
High Court judge Edward Mureithi ruled that the photographs produced in court showed Gakono being forcefully mishandled by two armed police officers.
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Judge Edward further noted that Gakono’s lawyer wrote to the OCS on February 31 seeking to know the status and process of investigations, the lawyer noting that two witnesses had recorded statements and produced exhibits as evidence.
The judge also noted that the OCS responded four months later, on June 6, saying that although Gakono had filed his complaint, the police officers had equally filed theirs at Wanguru.
According to the judge, the lawyer followed up on the same on June 24 but never got a response.
He said the lower court had ruled that there was no offence under the Irrigation Act that Gakono had committed.
The magistrate said it appeared that the police officers and the National Irrigation Board had an arrangement through which water defaulters would be arrested, taken to the NIB officers and tortured to make payments.
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