The Court of Appeal in Kisumu has awarded Sh2 million in compensation to the family of a man killed during demonstrations in the County. In its ruling, the Appellate Court emphasized that the Constitution remains a safeguard against the excesses of armed police and stressed the importance of protecting the rights of unarmed citizens.
The bench, composed of Justices Patrick Kiage, Mumbi Ngugi, and Francis Tuiyott, cited Article 22 of the 2010 Constitution, which focuses on the enforcement of the Bill of Rights, reaffirming the role of the courts in ensuring that citizens’ fundamental rights are upheld and given meaning.
In the judgment that sets a precedent for future cases, Justice Patrick Kiage stated, “It is for courts to make every effort where the case demands it, to vivify the fundamental rights and to grant appropriate remedies, among them compensatory damages. It must be so if the right is to prevail if the citizen is to be superior to the public officers who must serve rather than lord it over them, and if the life of each Kenyan is to matter as it ought.”
The court emphasized the need for accountability and restraint in the use of power by law enforcement agencies. Quoting from Shakespeare’s King Lear, Justice Kiage warned, “The wielders of power and the bearers of arms must be constrained by law and reasonableness lest citizens find themselves raising the Shakespearean lament in King Lear, that ‘as flies to wanton boys (in blue?) are we to the gods (or demigods?); they kill us for their sport.’
The wielders of power and the bearers of arms must be constrained by law and reasonableness lest citizens find themselves raising the Shakespearean lament in King Lear, that ‘as flies to wanton boys (in blue?) are we to the gods (or demigods?); they kill us for their sport.’
Justice Kiage
The case in question had previously been dismissed by the Bungoma High Court on July 13, 2017. The court had refused to grant compensation to the family of Allan Amugune Tobiko, a 27-year-old man who was killed during demonstrations in Kimilili town on February 22, 2015, when police opened fire.
The Bungoma court had argued that the police were under siege during the protest and were compelled to use excessive force, including firing gunshots, which tragically led to the death of the unarmed Tobiko. However, the Court of Appeal, in its judgment, rejected this argument, underscoring the importance of protecting the right to peaceful demonstration and the sanctity of life.
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