[Image]A woman, who was arrested and charged with stealing a goat before the charges were later dropped, has sued the police for violating her rights while she was in custody.Ms Susan Kariuki has sued the Inspector General of Police, officer commanding Diani Police Station and the Attorney General.Ms Kariuki is seeking a declaration that the actions of the OCS and police officers attached to Diani Police Station contravened the constitution.RELATEDIpoa hits back at IG Koome over shoot to kill ordersNews Dec 17[Image]Licensed to kill: Behind police death squadsNews Nov 01[Image]In her petition at the High Court in Mombasa, Ms Kariuki also wants an order of compensation issued in general damages against the respondents jointly and severally for violating her rights.Ms Kariuki accused the police of contravening the constitution on her inherent dignity by ordering her to relieve herself in a bucket despite the fact that she is a very elderly woman.She also accuses the police of calling her names like ‘mwizi wa mbuzi’ (goat thief) yet she is a respected member of her community who has never stolen anything.“The petitioner states that due to her age she could not get to relieve herself on a bucket and this was very degrading treatment as she had to stay with the bucket in the same cell,” said Ms Kariuki in her petition.The petitioner also accuses the police of violating her rights against discrimination for failing to investigate the alleged crime of stealing, acting like a conveyor belt, not ascertaining what happened and whether the goat ate her crops.Ms Kariuki also accuses the police of refusing to issue her with a cash bail yet other people are usually granted the same thus amounting to unfair discrimination.The petitioner also accuses the police of failing to investigate her claim on destruction of crops and only taking the side of the accusers without listening to her.According to Ms Kariuki, she had received information from a caretaker of her shamba that some goats and cows had been frequently eating her crops.Ms Kariuki who lives in Ukunda, Kwale county said that she travelled to her shamba in Mwakidifu area on March 5, 2022 upon which she saw a goat without a herder in her shamba.The petitioner says that she made inquiries to ascertain the owners of the goat but she did not find any prompting her to tie and feed it until late in the day when a group of people went to the shamba.“The petitioner states that since it was very dark, she had placed the goat in her house for safekeeping and when the persons arrived she informed them about the damage the goat had caused on her crops,” says the petitioner.She says that later the following day two police officers with the owners of the goat arrived at her shamba where claims were made that she had stolen it.Ms Kariuki says that she narrated to the police what had transpired before she was taken to Diani Police Station where the goat owners said that she had tied it (goat) and allegedly refused to release it.The petitioner says that she was pressured to admit that she had stolen the goat but declined with the officers insisting that should she fail to make the admission they would lock her up.“The petitioner states that she refused to admit the fact and that her conscience would not allow her to admit something she did not do, she was placed in the cells at 8pm,” says Ms Kariuki adding that she was released 30 minutes later and informed to report the next day.Ms Kariuki further says that she went to the police station on March 14, booked her complaint and thereafter went to be given a letter by the OCS (related to damage on crops) before she was re-arrested and placed in the cells.She says that her husband went to the police station but was denied an opportunity to pay for her cash bail and allowed access to see her.“The petitioner would stay in the cell alone even without a jacket and while in the cell she wanted to relieve herself and was told to relieve herself on the bucket,” says Ms Kariuki.The petitioner says that she was taken to court the following day where she was charged with stealing. She says that she pleaded not guilty and was released on a Sh10,000 cash bail which was paid on the same day.Ms Kariuki says that she visited a hospital where an x-ray was conducted whose finding indicated among others that an oblique fracture of the lateral malleolus was noted.The petitioner further says that she was later issued with a letter for a crop assessment in which there was a finding that the total value of crops existing on the farm was Sh7,500 and the rate of compensation would be Sh6,850.She further said that she wrote a letter to the Office of the Director of Public Prosecutions (ODPP) explaining her mistreatment and also filed a claim at the Independent Policing Oversight Authority (IPOA) pertaining to the unlawful arrest.Ms Kariuki says that she insisted that her case at a magistrate’s court proceeds knowing that she did not steal the goat, but the charges were dropped.She says that the damage on her name had already been done.The petitioner also seeks for an order of compensation in punitive damages against the respondents jointly and severally for violating her constitutional rights. BY DAILY NATION
posted by Breaking Kenya news at 12:38 on 10 Jan 2023
"Kwale woman: Police forced me to relieve myself in a bucket while in cells"
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