BY SAM ALFAN.
Kituo Cha Sheria and three other human rights organisations have moved to court accusing the police of brutality while enforcing curfew during the Covid-19 period.
The organisation together with victims who were killed during the period now want to be compensated by the government for expenses incurred for burying their loved ones.
The NGO together with Haki Africa has named Amnesty International, International Justice Mission and Independent Policing Oversight Authority (IPOA) as respondents in the case.
According to the petitioners, the police enforced th night to dusk curfew order in the most brutal, unreasonable and un-proportionate manner.
They claim that the police in enforcing the order shot at innocent Kenyans, rounded up, lobbed teargas at innocent Kenyans and mercilessly beat them up.
With impunity, some officers further broke into people’s homes and shops beat up and killed in some instances, while looting and extorting money from the people in others.
“Following criticisms the president apologized to the public for the wrongs of the police but did not order for a stop of the use of excessive force by the police,” reads the papers.
Some of the victims named as petitioners is a 13 year old minor who did not pose any threat to the police but was shot dead.
A police officer has since been arraigned with the killing of the boy and was released on bail pending hearing and determination of the murder case.
The petitioners argue that they are aggrieved by the fact that they faced the law enforcement and yet there was no justification fro use of violence and that in the vent there was any offence that had committed including breach of the curfew order it did not justify the excessive use of force by the law enforcement officers.
“The Covid-19 pandemic and the subsequent restrictions including curfew orders does not and did not suspend constitutional rights protecting persons against unreasonable use of force by the law enforcement officers,” the NGOs stated in court papers.
Some victims suffered immense mental and physical injuries and in others, their hopes and dreams of living a fulfilling life were dashed.
The petitioners are seeking damages and compensation from the state.
The family of Hussein Moyo named as a petitioner is seeking Sh17,000 for burial fees.
Mr Joseph Simiyu is seeking Sh120, Judith Simiyu Sh158,300; Daniel Waithugi Nga’nga Sh140,800 shillings and Jacktone Ouma Ochilo Sh80,000.
