High Court judge John Mativo. [Photo/the-star.co.ke]
A female student who was stripped and her semi-nude photos circulated by police has won Shs4 million as damages by the High Court.
In August 2015, a Nairobi-bound bus was impounded at Sagana after police received a tip-off from the public that 45 students, who were travelling from Kirinyaga for the August holidays, were allegedly intoxicated and engaging in sexual activities.
On search, the police found four rolls of the illegal bhang drug tucked in her underwear.
Unfortunately, the police photographed the girl, at 18 years old by that time and shared her nude photos on social media.
Consequently, the incident received public ridicule events that attracted the attention of an NGO-The Cradle Children Foundation-which petitioned the courts over the police conduct.
High Court Judge John Mativo condemned the act by the police. He said the police infringed on the girl’s right to dignity.
Judge Mativo observed that the student’s rights were violated as she was portrayed in the eyes of the public as an ill-mannered character as her private body parts were exposed.
"I conclude that the search was illegal in that it violated the provisions of the Children's Act, Article 53 of the constitution, the right to dignity and not be subjected to degrading treatment and international conventions protecting the rights of children and statutory provisions governing police conduct while searching women," the judge ruled.
The award however is less than what the NGO demanded but judge Mativo stated it was a reasonable amount considered by the court. The Cradle Children Foundation had asked the court to reward Shs.7 million as compensation for the violation of the girl’s right to privacy, human dignity, security, access to justice and the right of an accused person.
The girl who was convicted to serve 18 months’ probation will however serve the conviction for being in possession of bhang, the High Court ruled.