Officer Penalized Sh700,000 for Forcing Family to Live on Streets for a Week
In a landmark ruling, the High Court has ordered police officer Evans Gitau to pay Sh700,000 in compensation to Lucas Mutua and his wife, Monica Katilo. The decision underscores individual accountability for constitutional violations by law enforcement officers.
The saga began on May 23, 2021, when Gitau, stationed at Mutuini Police Station in Kayole, Nairobi County, locked Mutua’s house with a new padlock, taking the keys and forcing the family, including their four-year-old child, to live on the streets for a week.
Despite persistent calls for an explanation, Gitau reportedly blocked Mutua’s phone number and ignored his pleas.
Mutua reported the matter to Gitau’s superior at the police station, who reprimanded the officer in their presence and ordered him to return the keys. Yet, Gitau provided no explanation for his actions.
“The immediate censure of the unlawful conduct by the first respondent’s superior in the presence of the petitioner is clear evidence that the first respondent’s action was completely unjustified and had nothing to do with the performance of police duties,” stated Justice Lawrence Mugambi.
The judge emphasized that Gitau acted independently, absolving the Independent Police Oversight Authority (IPOA) and the Attorney General of any liability. “It is manifest that those actions did not occur as part of the execution of the first respondent’s duties,” he ruled.
In his affidavit, Mutua recounted the inhumane treatment his family endured, describing it as cruel, degrading, and a violation of their fundamental rights. The couple sought Sh10 million in damages, arguing that the ordeal caused immense mental anguish and humiliation.
Despite being served with court papers, Gitau, IPOA, and the AG failed to respond. Justice Mugambi found no justification for Gitau’s conduct and ruled in favor of the petitioners.
This judgment serves as a powerful reminder that rogue officers will be held personally accountable for unlawful actions. It also reassures Kenyans that the justice system can offer recourse for those whose rights are violated.
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Officer Penalized Sh700,000 for Forcing Family to Live on Streets for a Week
