Victims of police brutality can pursue damages even as cases continue, court rules
The ruling stems from the case of Anjlee Parveen Kumar Sharma, whose husband, businessman Bunty Bharat Kumar Shah, was shot dead by police at their Westlands home on October 28, 2017.
Victims of police violence or their relatives can now pursue compensation from the State even if investigations by security agencies are still underway, the Court of Appeal in Nairobi has confirmed.
A panel of three judges, Daniel Musinga, Mumbi Ngugi, and George Odunga stated that ongoing police inquiries do not prevent the High Court from hearing claims related to human rights violations and awarding damages.
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“The law permits victims or their families to pursue multiple avenues at the same time, including tort claims for wrongful death and criminal prosecution of those responsible,” the judges explained.
“Each serves a different purpose and addresses a different aspect of the harm suffered.”
The ruling stems from the case of Anjlee Parveen Kumar Sharma, whose husband, businessman Bunty Bharat Kumar Shah, was shot dead by police at their Westlands home on October 28, 2017. Shah, 32, was a director at the Bobmil Group of Companies.
Sharma filed a suit against the Attorney General, the Inspector General of Police, the Interior Cabinet Secretary, and the Director of Public Prosecutions, claiming Sh730 million for the loss of her husband.
She recounted that police arrived in armoured vehicles at 2:49 am, forced their way into the compound, and positioned themselves inside. Startled, Shah opened a bedroom window and was shot in the heart by a police marksman.
She further alleged that officers blocked medical assistance, disabled surveillance cameras, and later admitted publicly that the operation had relied on incorrect intelligence.
Despite reporting the incident to both the police and the Independent Policing Oversight Authority, Sharma said no concrete action was taken.
The High Court had dismissed her petition in 2022, with Justice Hedwig Ong’undi describing it as premature because investigations were not finished and the DPP had not yet received the inquiry file.
On appeal, the Court of Appeal reversed this decision, highlighting that compensation claims for rights violations are independent of criminal prosecutions.
The judges also criticised lengthy delays, pointing out that some officers had refused to provide statements regarding the incident.
“Failure to act on such deaths may amount to a continuing denial of justice and a breach of the State’s obligations under Articles 26 and 48 of the Constitution,” they said.
The matter has been returned to the High Court for determination of damages.
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