Woman’s agonising quest for Sh10m award

By JOE KIARIE

A lady whose unspeakable torture by the police was described by a judge as demonic is among individuals still waiting for compensation.

Jane * (real identity concealed) was four years ago awarded Sh7 million by the High Court in Embu after suffering horrifying cruelty in the hands of Flying Squad officers back in 2001.

Amid confirmation that her claim, which now stands in excess of Sh10 million due to accrued interest, has already been released by the Treasury, she continues to suffer mental and physical pain, the fact that part of the award was supposed to cater for her medication notwithstanding.

The Standard on Saturday has learnt that, apparently, a State Counsel at the Attorney General’s office who allegedly demanded a bribe of Sh300, 000 with a promise to fast track the payment was arrested by the officers from the Ethics and Anti-Corruption Commission (EACC) last March.

Her ordeal would arguably rank among the most macabre cases of human rights violation by state agents.

She was arrested in Piai area, Embu County by police officers, who included a female officer known to her. They drove her to Karatina Police Station where she was handed over to eight Flying Squad operatives, who started questioning her about her involvement with a suspected criminal they were looking for.

In her evidence, she narrated how she was stripped naked, whipped and kicked on the buttocks while spread on the ground.

A male officer proceeded to force a soda bottle into her private parts while the rest held her legs. Another even threatened to insert a chili-laced stick into her reproductive organ. After the ordeal that lasted 13 days, the mother of one was taken to court charged with acquiring money by false pretense and after a full trial, she was eventually acquitted of the charges.

In her ruling in September 2010, Lady Justice Wanjiru Karanja was emphatic that no amount of money could ease the pain the victim suffered and continue to suffer.

“The conduct of the police officers was not just wrong. It was abnormal, crude and even demonic,” she stated. Karanja said penetration with a bottle amounted to rape and indeed gang rape, since the perpetrators were several.

The Attorney General filed no defence in the case, prompting a conclusion from the judge that he was 100 percent liable for her torture and injuries, which even required surgical intervention. She awarded her Sh5 million in general damages, Sh2 million in aggravated damages and Sh122, 915 in special damages.

But her quest to get the money has been another torturous journey. While the Treasury last year confirmed having authorised her payment, her countless visits to both the AG’s office and the Interior Ministry have borne no fruit.

In an interview, she explained how her ordeal has shattered her life.

She has been admitted to hospital nearly ten times, including last year. The multiple hospital visits have brought about a financial burden that has caused her sleepless nights.

“I exhausted all my money on medication and I have in the last two years borrowed Sh330,000 from friends for medication but cannot pay them,” she says.

“This has occasioned security risks, prompting me to flee my home and seek refuge at a friend’s house in Machakos County, where I have been living for the last two months.”

Jane*, who has been advised against even doing household chores to avoid aggravating her injuries, depends on friends for a livelihood and painfully watched as her 22-year-old son dropped out of school due to lack of fees.

“He dropped out while in Form Three in 2010 and that pains me to date.,” she says amid sobs.