CIVIC ENLIGHTENMENT NETWORK-KENYA: #TORTUREOFINNOCENCE

WHEN PROTECTOR BECOMES TORMENTOR

CASE PROFILE

Victim/Complainant: xxx xxx (Minor) c/o Civic Enlightenment Network

DoB/Age: 12 years

Sex: Female

Residence: Makueni County/ Kibwezi East Constituency/ Ivingoni-Nzambani Ward/ Nzambani Location/ Kwa Mbotela Village

School: Standard Five pupil at Nguluni Primary School

Complaint: Victim tortured by KWS Officers on 11th October 2014 at Chyullu Game Reserve.

Action taken:

Medical attention at Makindu Sub-County Hospital
Report made to the Mtito Andei Police Station on and recorded as OB. No.13
Report made to the Independent Medico-legal Unit (IMLU)
Letter by the Makueni County Senator addressed to the Director of Kenya Wildlife Services dated 17th October, 2014
Media Reports on the incident by local stations including Mbaitu F.M. and Mwatu F.M.

BACKGROUND OF THE CASE

xxx xxx who is a 12 year old minor gives a shocking account of how on the 11th October 2014 three armed Kenya Wildlife Service officers apprehended her and went on to abuse and physically torture her.

She was collecting fire wood at Chyullu Reserve within Nzambani Location when the three KWS officers accosted and started interrogating her over some suspected logger who they were pursuing. She was obviously the wrong person to be interrogating as she had no knowledge of whatever the officers required of her.

In her moment of bewilderment and shock, she endured a period of horrifying acts of abuse and physical torture in the hands of security officers in the form of the KWS officers. She remembers one of the officers thrusting her between his legs and hitting

her with his gun. The officers went on to physically torture her by beating her up and causing grievous bodily harm to her hands and legs by throwing her into a burning charcoal kiln. These unwarranted acts were deliberate and caused the little xxx xxx both physical and psychological torture in the hands of security officers meant to protect her and ensure the respect for the rule of law.

The extent of injuries as per the medical report from Makindu Hospital includes:

Head and neck - first degree burns;
Thorax and abdomen – multiple bruises;
Upper limbs Left hand – second degree burns (palm, wrist, joint and all fingers;

Right hand – Second degree burns (palm, wrist, joint and all fingers);

Lower limbs right leg – two degree burns involving the knee and injuries;

The alleged actions by the said officers from the KWS are not only illegal but are an affront to Constitutional safeguards under the Bill of Rights. Article 25 (a) of the Constitution 2010 specifically provides for, “freedom from torture and cruel, inhuman or degrading treatment or punishment…”The Constitution goes further to provide for the rights of every child (Article 53) including the right of every child, “…to be protected from abuse, neglect, harmful cultural practises, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour.”

Sadly though, even in view of the above occurrences and illegalities including breach of Constitutional safeguards, no decisive action has yet been taken as against the alleged perpetrators. The pace of the investigations and prosecution of the matter creates an impression of a cover-up strategy by the concerned authorities. This is supported by the lack of interest from the relevant authorities in prosecuting the matter.

It is view of the above circumstances that Civic Enlightenment Network (C-Net) seeks to pursue the matter with the assistance and partnership of other human rights organizations to see justice for little xxx xxx. This is important in view of the parties involved including security officers and the vulnerability of the victim who is a minor coming from a very humble background.