Blow to Multimedia University students in rioting case

Seven Multimedia University (MMU) students have lost a bid to stop their prosecution for rioting two years ago after their schoolmate was killed by a speeding matatu.

The students wanted the High Court to quash the decision of the Director of Public Prosecutions (DPP) to prosecute them on account of the demonstration that took place on September 9, 2019 along Magadi Road, near the university. They also wanted Sh10 million in general damages for alleged violation of their constitutional rights and fundamental freedoms.

But Justice James Makau dismissed the petition after finding that the students did not cite precisely the constitutional rights they alleged were violated by the police and the DPP.
He added that the petitioners also failed to demonstrate how the claimed violations were caused and the harm suffered.

On their claim that they were denied the right to legal representation and their relatives were turned away when they came to see them, the judge said the rights are not absolute.

“The Petitioners were part of the persons found taking part in a demonstration. There (were) reasonable and justifiable grounds for the police officers to arrest any person on account that the said person has committed an offence. The same therefore cannot be said to be a violation of any of the person’s constitutional rights,” Justice Makau said.

On the claim for general damages, the judge concurred with the DPP and the Attorney-General that the claim was not “anchored on anything”.

“I agree with Respondents’ submission that the said general damages are not anchored on anything and the same is a baseless claim which should be rejected,” said the judge.

In addition, the judge found that students’ arrest and detention was not unlawful as claimed, because police officers can detain any person who commits an offence or is about to commit an offence.

“They enjoyed all their rights under the Constitution other than the temporal restrictions. That cannot be said to be a violation of their constitutional rights,” he said.

Road accident 

The students – Stephen Ongola, Simon Adongo, Julius Kahiu, Neema Sheikh, Victor Moses Omollo, Rebecca Moraa Jillo and Lewis Ombi Ondwari – were arrested on September 9, 2019 and police opened a criminal case against them at the Kibera law courts.

They faced two charges of taking part in a riot and creating a disturbance in a manner likely to cause a breach of peace.

The demonstration followed a road accident involving a first-year student of the university on September 4, 2019 near Sinai Hospital, Ongata Rongai, Nairobi. The student was hit by a speeding matatu that was overlapping on the road “beyond acceptable speed limits”.

They told the court that to their dismay, no action was taken by the state organs responsible for ensuring road safety. 

The court heard that matatus that ply the Lang’ata-Ongata Rongai road are “notorious for disobedience of road traffic rules and are a menace to other road users especially since the said route is mainly used by students”.

Because the state organs failed to act, the court heard, the students resolved to exercise their constitutional right to demonstrate peacefully and picket against the “impunity with the intention of promoting awareness on the increased incidents of road accidents”.

Police officers arrived at the university armed with teargas, batons, sticks and other gear.

“The police officers immediately took to mercilessly beating, hitting and thrashing the Petitioners with batons and sticks and whichever other weapon they could find. The Petitioners sustained bodily injuries, harm, emotional and psychological pain, suffering and torture,” they told the court.

The arrested students were taken to the Hardy Police Station and later transferred to the Lang’ata station, where criminal charges were filed against them.