Mr Maina wa Kariuki is now regretting why he accepted a promise of Sh70,000 compensation from 12 Murang'a police officers who he accuses of assaulting him on July 30, 2023.
He recalls how he encountered the alleged police brutality that left him nearly dead on his 35th birthday but later, he says, accepted to be compensated by the officers instead of pursuing the case through the Independent Police Oversight Authority (IPOA).
A year later, Mr Kariuki reports that he has only received Sh7,000 in 10 instalments from the officers — the highest amount honoured for each payment being Sh1,000 and the lowest Sh50.
"The officers found me near my father's compound on July 30, 2023, at around 10am. They were in their official patrol vehicle and I was cutting grass for my father's cows as I waited for my local pub to open so that I could go to celebrate my birthday over a mug of some liquor," Mr Kariuki says.
Naftari Mwangi and his wife Joyce Waigumo examine their son Maina wa Kairiuki's hand at their home in Thuita village, Murang'a County.
Photo credit: Joseph Kanyi | Nation
He adds that as the Land Cruiser with about 12 officers screeched to a halt beside him in Gitundu village, Mathioya Sub County, he instinctively knew they had not arrived to sing him a happy birthday song.
"I only heard some of the officers scream as they dashed towards me. I was not given a chance to even think. Within no time, I was rolling on the ground as boots, gun butts, clubs and whips hit every part of my body, as bewildered neighbours screamed, pleading for my life," he said.
He estimates that the abrupt unexplained assault lasted about three minutes "and they forced me to sit up".
Mr Kariuki says there was a police informer for the Nyumba Kumi security initiative in the police vehicle who was then told to come forward and identify him.
"The man looked at my face and shook his head...he announced that I was not the one they were looking for," Mr Kariuki says, adding that the officers hurriedly hopped into their vehicle and drove off.
In great pain, neighbours helped to carry him home.
He says that he gathered that officers attached to Kamune and Kiria-ini police stations were on patrol after word went around that a dangerous criminal had been spotted in the neighbourhood.
"I was a victim of mistaken identity since I was dressed in the same colours of clothes the suspect is said to have been wearing," he says.
Later, the officers fearing they would be charged in court for the brutality, verbally agreed to pay him a Sh70,000 compensation. They later reneged.
After the assault, he was taken to Murang'a Level Five Hospital where he was found to have suffered fractures and bruises.
His medical report prepared by Dr Brian Mwangi indicates injuries to his foot, ankle, knee, hands and mouth.
"My parents had reported the incident at Kamune Police Station where the attack was recorded in the Occurrence Book as incident number 05/30/07/2023 but the officers recorded it as mob justice," he said.
It was only after Nation.Africa highlighted the issue that Murang'a County Security Committee took note of and summoned Mr Kariuki and his parents to resolve the issue.
The police panel that was to mediate was headed by Mathioya Sub County police boss Anthony Muriuki and Directorate of Criminal Investigations boss Mr Muriithi Muriungi while the chairman was Deputy County Commissioner Kiplagat Tarus.
Mr Kariuki went to the panel accompanied by his father Mr Naftari Mwangi and his mother Ms Josephine Waigumo.
Confirming the arbitration process took place, Mr Tarus told Nation.Africa that "we had to urgently make interventions since the incident was serious and had not been brought to the attention of security managers in this Sub County".
He said it was surprising that the victim was complaining of being assaulted by police officers for no justifiable cause whatsoever.
Mr Muriungi said: "The complaint warranted investigations and possible arrest and prosecution of the suspects and that is why I wanted the victim to officially complain".
The official complaint demanded that Mr Kariuki be issued with a police medical form to be filled by the doctor who had treated him. The form popularly known as P3 captures injuries and their degree, observations and treatment, and analyses the nature of force used.
A senior officer at Kamune Police Station who was alleged to have led those who Mr Kariuki encountered was asked to produce a list of all the team that had accompanied him in the patrol.
"My officers owned up to the incident and were remorseful. The officers committed themselves to make peace with the victim and that is how they agreed to foot some bills that were tabled," Mr Muriuki said.
Meanwhile, the Independent Police Oversight Authority (IPOA) had started probing the incident after Nation.Africa highlighted it.
"The IPOA officers made contact with me and wanted me to record an official statement incriminating the officers. I declined since the arbitration process had been fruitful where Mr Muriuki said I would get Sh70,000 as compensation," said Mr Kariuki.
His father said that his son, whose left hand is still in a cast to date, continued to seek medical attention "but all my calls to Mr Muriuki were met with excuses and deferments to a point it became clear that he was not enthusiastic to continue honouring the compensation deal".
Mr Muriuki told Nation.Africa that "the deal was verbal and it estimated the amount it would take to have the victim heal".
He adds: "I am not aware of a fixed figure but we agreed to help. We are still on good terms and any arising issue will be addressed since we became friends".
But Mr Kariuki now says "Had I known that these officers would end up taking me for a ride I would have heeded the IPOA call to have them prosecuted".
He said he called IPOA after it became apparent that the officers would not compensate him as agreed "and I was told that legally I had altered my complaint from that of getting assaulted, which was criminal, to demanding a debt of Sh63,000".
He said IPOA told him that it was not within its mandate to collect debts from the police on behalf of creditors.
"With that in mind, my only hope now is to ask the Ministry of Interior to intervene and order its officers in Mathioya to be humane and pay me the balance," he said.
IPOA Commissioner John Waiganjo told Nation.Africa that Mr Kariuki erred by accepting an unstructured dispute resolution mechanism with the suspects.
However, he said the matter is not dead "since he can submit the complaint form that he was handed by IPOA to officially start our investigations".
Mr Waiganjo was also concerned that the police appeared to have forced the alleged victim to a faulty dispute settlement pact that raises questions.
"The IPOA's mandate is to oversee the conduct of the police service, ensuring accountability and transparency," he said, adding that the civilian oversight body sometimes encounters a hostile environment during their investigations.
Mr Kariuki says he has so far spent Sh85,000 in medical expenses.
"I had incurred the bill on several dates and I have receipts ranging from Sh300 to Sh800 in a span of one year now," he said.
"I had a wife and two children. Being a Standard 8 graduate who pursued a masonry course, I could no longer provide for my family because of my injuries," he says.
