A Kisumu man who was shot and left with a permanent disability during the 2017 post-election protests has been awarded Sh3.5 million in damages, in a High Court ruling that could make it easier for victims of police shootings to win compensation.

Justice Joe Omido of the High Court in Kisumu ruled that a police officer cannot avoid accountability simply because a victim was unable to identify the person who fired, Eastleigh Voice and the Daily Nation reported on Saturday.

Shot while seeking refuge

Lucas Otieno Okuta was shot on October 10, 2017, in Kondele, one of the hotspots of the demonstrations that followed the disputed presidential election that year.

He told the court he was seeking shelter when a bullet struck him in the pelvic region, leaving him unable to walk or stand. Doctors at Jaramogi Oginga Odinga Teaching and Referral Hospital removed the bullet, but he was left with lasting pain, difficulty walking and a permanent disability that ended his work as a mechanic and welder.

He sued the Inspector-General of Police, the Interior Cabinet Secretary and the Attorney-General. The State opposed the petition, arguing among other things that he had to point out the specific officer who shot him.

Judge rejects 'name the shooter' defence

Justice Omido dismissed that argument. "The Petitioner was, as per his uncontroverted account, seeking refuge when he was shot," the judge said, noting that Okuta had no realistic chance of identifying the officer.

The court held that an officer cannot conceal his identity during an operation and then use that concealment to escape responsibility. The judge also said Okuta did not need to show that the Interior CS or the Attorney-General personally authorised the shooting, since the violation was committed by members of the National Police Service.

The judge found that police had used unlawful force and had failed to properly investigate the complaint Okuta made at Kondele Police Station. He reiterated that the use of firearms by police must be lawful, necessary and proportionate.

"I consider a global award of Sh3.5 million as general damages to be fair and reasonable," Justice Omido said, citing the injury, surgery, hospital stay, continuing pain and the constitutional nature of the violation.

A boost for other victims

The ruling adds to a growing list of court awards to victims of police violence in Kisumu, where many people were shot during protests in 2017 and again during the 2023 opposition demonstrations. In an earlier case, the High Court ordered the State to compensate victims of the 2023 protests in Kisumu and Migori with more than Sh35 million.

Human rights lawyers have long complained that many cases collapse because victims cannot name the officers involved, especially when police cover their faces or wear no name tags. The Kisumu ruling is likely to be cited in similar suits.

It also comes as a government panel continues to receive compensation claims from victims of police brutality during recent protests, with the filing deadline less than two weeks away.

Photos: Emily Onyango via Wikimedia Commons (CC BY-SA 4.0); Capital FM Kenya via Wikimedia Commons (CC BY 3.0). Thumbnail design: HAMASTA MEDIA.