The burial of 23-year-old Frank Odhiambo on August 12, 2023 in Seme, Kisumu County, will forever be etched in his family's memory.
Mr Odhiambo died of a gunshot wound to the chest after he was allegedly shot by police in Kondele area during anti-government protests in July 2023, according to his sister Linda Akoth.
More than a year after the deceased was laid to rest, memories of his death are still fresh and the family clings to the hope that justice will finally be served.
On the walls of her house, Akoth has pinned up four pictures, all taken during her younger brother's funeral, perhaps as a means of closure.
“My brother met his death in such a cruel manner. Those who witnessed the shooting said he was coming from the gym and was not involved in the demonstrations,” said Akoth.
According to Ms Akoth, her brother spent most of his time at the gym, located in Lolwe estate.
She says her brother left the gym at around 6pm, but was caught in a confrontation between anti-riot police and protesters
Ms Akoth says that her brother and some demonstrators sought refuge in one of the nearby houses when the police officers charged.
Once the commotion had died down, Mr Odhiambo decided to leave, but a police officer spotted him and reportedly opened fire.
Ms Akoth says she later learned of her brother’s death from a family friend who contacted her through Facebook.
“She broke the news that my brother had been shot and killed at Kondele and the body moved to Port Florence Hospital," she recalls.
Mr Odhiambo's family later visited Kondele and Obung’a police stations and recorded statements about his death.
After failing to get help, they decided to go to the Central Police Station, where they were given an OB number and a policeman asked to accompany them for a post-mortem.
“The post-mortem results revealed that the bullet broke my brother's seven ribs and lodged in his spine, leading to his sudden death,” says Akoth.
“He was an ambitious young man, he had just graduated with a diploma in mechanical engineering but having failed to secure a job he set up a coffin-making workshop. It is so sad that we had to bury him with all the dreams and ambitions."
Ms Akoth says the family is yet to recover from Odhiambo's death, despite having attended several counselling sessions.
“My mother still cries a lot whenever anyone talks about my brother, Whenever she sees police vehicles, she just can't stop talking ill about them,” narrates Akoth.
Another victim of the 2023 anti-government protests, Herbert Muyeshi, 30, sustained gunshot wounds on his right leg which is yet to fully heal.
Mr Muyeshi says he left home that morning for his 'mjengo' job (casual labour on a construction site). Soon after he arrived, however, they were told to come back the next day because the building materials had not been delivered.
On his way home, he ran into trouble with police who were chasing protesters.
Mr Muyeshi was shot twice in the right leg and had to be rushed to Jaramogi Oginga Odinga Teaching and Referral Hospital (JOOTRH) by bystanders.
He has not yet been able to resume his construction work because of his affected leg.
“I cannot stand for long hours. Sometimes I experience temporary paralysis on the right leg and I cannot walk for long distances,” said Mr Muyeshi.
The father of three, who is also the family's sole breadwinner, says he has been unable to seek further medical treatment due to lack of funds.
He says his family is struggling to make ends meet, and school fees for his children is the biggest headache.
Before the incident, Mr Muyeshi said he was earning up to Sh30,000 a month from his construction job, part of which he would use to support his parents.
“Things have been tough since then, securing a construction job in my status remains almost impossible,” says Mr Muyeshi who also says he cannot lift heavy weights.
Also affected is 17-year-old Rooney Odhiambo, who was shot in the arm and has since lost the full use of his hand.
Rooney's arm scar from alleged gunshot by police in Kondele during protests, as seen in an interview at their Obunga home in Kisumu on September 10, 2024.
Charles Kiwendo, a 52-year-old resident of Nyalenda, Kisumu County, lost his son, Joshua Lukas Kiwendo, during the anti-government protests.
Joshua was shot in the groin and the bullet ruptured his testicles, among other organs.
Joshua, who was a month shy of his 18th birthday, was allegedly shot by anti-riot police around 6pm while on his way to buy food for his family. He was rushed to JOOTRH where he died while receiving treatment.
“My son was in so much pain while on medication, the health workers later revealed that he had developed an infection from the bullet wound that resulted in his death,” said Mr Kiwendo.
“My children are also still traumatised by the circumstances that led to their sibling's death.”
Charles Kiwendo addressing the media outside Kisumu Law Courts following the submission of a petition seeking redress for police brutality on September 11, 2024.
On September 11, 2024, Kiwendo, Muyeshi, Rooney Odhiambo, and the family of Frank Odhiambo were among the 29 victims of police brutality who visited the High Court in Kisumu to file a petition seeking justice for those who were maimed and the families who lost their loved ones.
The petition was filed by the 29 complainants, while the International Justice Mission, Kenya National Commission on Human Rights, the Katiba Institute, Amnesty International and the Law Society of Kenya were joined as interested parties.
The petition listed the Inspector General of Police, the National Police Service, the Attorney General and the Independent Policing Oversight Authority as respondents one to four.
In the 869-page petition, the petitioners accused the respondents of using excessive force and firearms, violating human rights and humanitarian law.
The respondents were also accused of violating the Constitution of Kenya.
The petitioners are now seeking prayers for the courts to declare that the use of lethal enforcement is an extreme measure that should only be resorted to when necessary.
That the courts should declare a violation of the constitutional rights of those who died as a result of police brutality.
“The petitioners pray for a declaration that the respondents violated their rights by subjecting some of the petitioners to torture and cruel inhumane and degrading treatment,” reads part of the petition.
The petitioners also want the court to order investigations into cases where the use of force resulted in the death or injury of the petitioners.
The petitioners are also seeking orders for compensation as enshrined and provided for in Article 23(3)(e) of the Constitution, to be awarded to the deceased and injured petitioners.
