A matatu conductor who was shot in the abdomen during an arrest, detained for five days and handcuffed to a hospital bed has been awarded KSh4.5 million by the High Court after a judge found that state officers subjected him to a series of unconstitutional abuses.

In a judgment delivered at the High Court in Thika, Justice Lawrence Mugambi ruled that the assault, shooting, detention and treatment of Paul Mburu Njama violated his constitutional rights to dignity, liberty and freedom from cruel, inhuman and degrading treatment.

In one of the strongest findings in the judgment, the court described the officers’ conduct as deliberate, calculated and sequential acts of brutality  that “profoundly dehumanised the Petitioner, stripped him of his inherent dignity completely and subjected him to inhuman and degrading treatment in violation of Article 28 and 29(f) of the Constitution.”

The case stemmed from an October 9, 2013 incident in Nairobi, where Njama said he was confronted by county askaris over allegations of spitting on a street. According to court records, the officers later returned accompanied by armed police, assaulted him and shot him in the abdomen before taking him for treatment. During surgery at Kenyatta National Hospital, doctors removed a plastic shell and six rubber bullets from his body. He was later charged with criminal offences but was eventually acquitted.

The court found no justification for the use of force, observing that  there was no evidence that the Petitioner threatened the officers or was in any way armed to the point that using the firearm in the circumstances was justified against him.

Justice Mugambi also faulted the manner in which the petitioner was arrested and detained.

“There is no evidence on record that the petitioner was given reasons for his arrest the law demands that whenever an arrest is made, the accused person has the right to be informed not only that he is being arrested but also of the reasons or grounds for his arrest,” noted the Judge.

The court further declared that chaining Njama to a hospital bed for three days while he recovered from surgery violated his constitutional right to dignity and freedom from cruel, inhuman and degrading treatment.

In awarding compensation, the judge noted that constitutional damages are meant to restore violated rights rather than punish public authorities, stating that the primary purpose is to vindicate the constitutional right that has been infringed and to affirm the dignity of the victim or right holder.

The court awarded Njama KSh4.5 million  in compensation against the Nairobi City County Government, the Inspector General of Police and the Director of Public Prosecutions, who will bear the award jointly and severally.

This version is written in a style suitable for publication on a mainstream Kenyan news website, with the judge’s strongest quotes integrated to add impact and authority.