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Joseph Njuguna Njoroge v. Attorney General, Inspector General of Police & Director of Public Prosecutions

(2019) JELR 100592 (CA)

Court of Appeal  •  Civil Appeal 218 of 2016  •  8 Nov 2019  •  Kenya

Coram
William Ouko, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

At the heart of this appeal are allegations of assault and violations of constitutional rights and fundamental freedoms of the appellant by a police officer, Paul Mutia, in the course of his arrest. It was the appellant’s case that on 11th March, 2001, he met with three of his friends at Oil Man Café situated in Banana area within Kiambu County for an evening cup of tea after work. At around 9.00pm, upon leaving the said café for their respective homes, they met four police officers who stopped them and proceeded to handcuff them in pairs. The appellant sought to know from the officers why they were being arrested. Instead of an answer, they were beaten by one of the officers while being frog marched to the police station. The beating continued at the police station where the same officer kicked the appellant directly on his face and injured his eye from which he bled profusely. He had to be taken to Karuri Health Center for treatment by some other officers at the…

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