A court has awarded six individuals a total of Ksh15 million in damages for the unlawful arrest and brutal assault they suffered at the hands of police officers during a 1992 protest. The demonstrators had gathered to oppose the detention of 54 political prisoners, including former Assistant Minister Koigi Wamwere.
The six victims—Irene Wambui, Gladys Thitu, Josphat Mbugua, Francis Ndegwa, Teresiah Njuguna, and Mary Njoroge—will each receive Ksh2.5 million as compensation for the violation of their rights and freedoms by General Service Unit (GSU) officers.
A three-judge bench of the Court of Appeal, comprising Justices Daniel Musinga, Francis Tuiyott, and George Odunga, delivered the ruling, declaring that government security agencies had grossly violated the victims’ fundamental rights.
The petitioners filed their case in 2013, detailing how police officers brutally beat and teargassed them during a peaceful demonstration at Nairobi’s Uhuru Park Freedom Corner. They had gathered to demand the release of Koigi Wa Wamwere and 53 other political prisoners during the regime of the late President Daniel Arap Moi.
Initially, the High Court dismissed their case in 2017, ruling that there was insufficient evidence to prove they had endured pain and suffering. The court also determined that claims of being slapped, kicked, and beaten did not constitute torture.
However, the Court of Appeal overturned this decision, recognizing the severe human rights violations they suffered.
The six activists stated that they were unarmed and carried only essential items, including clothes, blankets, water, Bibles, hymn books, and a tent donated by well-wishers who also provided them with food, clothing, and moral support.
They successfully convinced the Court of Appeal that the brutality they endured—particularly the violence against women and supporters of the campaign to free political prisoners—was unjustified.
Their advocates recounted the horrifying events of March 3, 1992, when more than 100 police and GSU officers launched a sudden and vicious attack on them.
“They were unexpectedly ambushed and subjected to extreme brutality, including tear gas, batons, slaps, rubber whips, kicks, blows, and gun butts. Many suffered severe injuries, with some losing consciousness and being rushed to different hospitals. The assault lasted from 4:00 p.m. to 9:45 p.m., and under the cover of darkness that same night, further violence was inflicted,” the court was told.
The attack occurred shortly after the group had visited then-Attorney General Amos Wako and presented a petition urging the government to release all political prisoners.
The petitioners presented old newspaper articles as evidence to support their claims.
During the oppressive KANU one-party regime, Mr. Koigi Wamwere and others had been imprisoned for political offences, including treason, sedition, or being members of unlawful organizations.
Following the brutal assault, police arrested the protesters, packed them into vans, and dispersed them to various police stations in Nairobi. Eventually, officers forcibly escorted them back to their rural homes.
In court, the government denied all allegations and sought to have the petition dismissed. The National Police Service claimed the petitioners were never in police custody and stated that the “police service was a stranger to their claims.”
Despite years of resistance, the six protesters have finally received justice, marking a significant victory in Kenya’s fight against police brutality and political oppression.
