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The High Court has established a significant precedent regarding police accountability, ruling that officers can face personal liability for deliberately harassing or wrongfully arresting citizens in violation of their constitutional rights.
The ruling stems from litigation brought by Lucas Mutua and Monica Katilo against police officer Evans Gitau, alongside the Independent Police Oversight Authority (IPOA) and the Attorney General. The court, under High Court Judge Lawrence Mugambi, ordered Gitau to personally compensate the plaintiffs with Sh 700,000, drawn from his own resources including salary and bank accounts. Judge Mugambi emphasizes that the National Police Service could not bear responsibility for these costs, as Gitau's actions fell outside his legitimate duties as a law enforcement officer.
The case centres on a disturbing incident from May 23, 2021, when Gitau, stationed at Mutuini Police Station, arbitrarily locked the family out of their residence by installing a new padlock and confiscating the keys. The officer then attempted to extort the family, demanding a goat in exchange for their house keys, without any legal justification or criminal allegations. The family endured homelessness for a week due to this unauthorized action. Upon reporting the incident at Mutuini Police Station, Gitau received an immediate reprimand from his superior officer and was instructed to return the keys.
Rather than explaining his conduct, Gitau responded by blocking Mutua's phone number to avoid accountability. Judge Mugambi specifically noted that the superior officer's swift censure provided clear evidence that Gitau's actions were entirely unjustified and bore no relation to legitimate police duties. The court found that Gitau's behaviour constituted a severe violation of constitutional rights, subjecting Mutua, Katilo, and their child to cruel, inhumane, and degrading treatment.
The family initially sought Sh10 million in damages for their emotional distress, humiliation, and suffering. The defendants, including Gitau, IPOA, and the Attorney General, failed to respond to the court proceedings, leading to a default judgment in favour of the petitioners. Judge Mugambi's ruling emphasizes the absence of any defence or justification for what he terms "brutal and reprehensible conduct" that left a family homeless.
This decision serves as a powerful deterrent against police misconduct, establishing that officers who abuse their authority will face personal consequences for their actions. The ruling creates an important pathway for victims of police misconduct to seek redress and reinforces the principle that law enforcement officers must operate within constitutional boundaries.