Woman Awarded Sh100,000 for Unlawful Arrest

The High Court has ruled that individuals must be promptly informed of the reasons for their arrest, reinforcing constitutional protections against arbitrary detention. 

Justice Rachael Ngetich’s decision stems from the case of Ms. Hellen Chebor, who was unlawfully detained without explanation. On March 26, 2024, Chebor was taken from her home in Baringo County and held at the Kabel police post in Muchongoi. According to the court, this action, coupled with the conditions of her detention, violated her fundamental rights to liberty and human dignity. The court's judgment details that Chebor was confined in a cell lacking ventilation, denied food, water, and basic sanitation, and remained handcuffed for eight hours. She was eventually released without being informed of any charges.

Justice Ngetich emphasised that such experiences are indicative of a systemic problem, where arrests are made on vague suspicions without regard for constitutional guarantees. Depriving individuals of their liberty should be a last resort, employed only when less restrictive measures are inadequate. The court stresses the importance of transparency in police actions, ensuring suspects are aware of the reasons for their detention from the moment of arrest.

As a result of her ordeal, Chebor has been awarded Sh100,000 in damages for the distress and humiliation she endured. Her testimony painted a stark picture of the events that transpired. As she stepped out of her home to fetch milk, she was confronted by police officers, handcuffed, and forced into a van. Despite her repeated requests for an explanation, she was met with silence. The officer in charge, identified as Hussein Hatib, confined her to a dark, windowless cell, isolating her from the outside world.

Upon her release at 5:30 p.m., Chebor was instructed to report back at a later date but was not provided with an official occurrence book number. With no transportation or support, she walked over 15 kilometres barefoot and exhausted to her waiting children, who had gone without food all day. The officers involved, Hatib and Simon Karuri, did not respond to the petition challenging their conduct.

Justice Ngetich asserted that law enforcement cannot undermine constitutional guarantees in the name of maintaining order. Arbitrary arrests inflict serious harm, not only on the individuals affected but on broader principles of justice. 

“Suspicion alone is not justification for denying someone their liberty or dignity,” she stated.

She expressed concern over the increasing number of cases where individuals are subjected to unlawful detention under the guise of criminal investigations. Justice Ngetich underscored the importance of balancing crime prevention with fundamental human rights within all legal systems.