Azimio sues Ruto government over deaths of 75 during maandamano
Azimio leaders Raila Odinga (centre), Kalozo Musyoka, Martha Karua (left), Mwangi wa Iria (left) and Wycliffe Oparanya (second right) at Steven Kalonzo Command Centre, Nairobi, on July 4, 2023.
The Azimio la Umoja coalition has gone to court to demand compensation for 75 people allegedly killed by police during protests called by the opposition over the rising cost of living between March and July.
The opposition coalition said in the petition that any police officer who was in charge of a unit during the protests was in breach of duty and should take responsibility for the actions of their subordinates.
Through lawyer Paul Mwangi, Azimio La Umoja says police bosses should be held responsible because they either ordered the use of excessive force, tolerated it or feigned ignorance of the actions of their juniors.
“The petition seeks justice for the seventy-five deceased persons and their families and for any other persons deceased or injured, who were victims of police brutality during the said period,” stated the petition filed by Mr Mwangi.
The petition wants the court to issue a declaration that the doctrine of command responsibility is applicable under the constitution of Kenya to members of the National Police Service in the discharge of their duty.
In addition to compensation for the victims, the opposition coalition wants the court to compel government agencies to investigate and conduct inquiries into the actions of senior police officers that led to the deaths of the 75.
The lawyer said the police were bound by the general international law principle of command responsibility and ought to take responsibility for actions that led to the deaths.
“The petitioner further states that the seventy-five deceased persons were deprived of life without any cause since they were exercising the right to protest, demonstrate and picket,” the petition said.
Fundamental freedoms
The petition said the Inspector General of Police Japheth Koome is obligated by the constitution to comply with constitutional standards of human rights and fundamental freedoms.
Further, it was wrong for the police boss to ban the demonstrations, a move that the petition says was to denounce the constitutional rights of the people of Kenya.
The petition added that to the extent that the police used excessive force and allegedly killed 75 people is in contravention of the objects and functions of the NPS.
“The petitioner asserts that the general international law principle of command responsibility entails the duty to enlighten, supervise, prevent, investigate and punish subordinates,” said Mr Mwangi.
Azimio claims that every police officer who takes command of a unit, temporarily or permanently is a commander and therefore a custodian of human rights and has a duty in the course of the command, to observe, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights.
The coalition wants compensation made to the estates and dependants of the people who allegedly died during the protests.
Mr Mwangi said the police boss had issued a statement banning all demonstrations countrywide and went ahead to unleash officers who meted violence on the peaceful demonstrations.
The IGP further denied the said deaths and accused the opposition coalition of hiring bodies during the protests to taint the image of the police service.
According to Azimio, the 75 names listed in the petition were received from across the country from families who lost their loved ones during the protests.
