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County askaris to pay hawker 400k for torture

Three Nairobi County Inspectorate officers have undertaken to pay Sh427,200 to a hawker they assaulted last month.

This is after the trio namely Humphrey Muswangi, Hassan Chege, and Dennis Macharia, reached an out-of-court settlement Anthony Maina on Tuesday, August 3, 2021.

The officers, commonly known as kanjos, are accused of assaulting Mr Maina on July 2, 2021 with the hawker losing five teeth in the process as well as suffering broken jaw.

This was allegedly after Mr Maina failed to raise a bribe of Sh100, as he only had Sh20 at the time, demanded by the officers leading to allegedly being hit with a metal rod while handcuffed.

The officers, jointly and severally, admitted and accepted their personal liability over the assault of Mr Maina on the said day causing him grievous harm and loss.

“The three, herein being respondents, accepted their personal liability jointly and severally over their assault on the claimant and have offered to settle this matter out of court. The claimant also being ready and willing to settle this matter amicably and out of court,” read in part the agreement entered before Harrison Musyoka Lusyula Advocates.

According to the agreement, the compensation for loss and damage of five teeth amounts to Sh300,000 each tooth valued at Sh60,000 and Sh56,000 for broken jaw connection.

Further, the kanjos are expected to cough out Sh4,000 for fare and transportation, Sh37,800 for food, another Sh15,000 for two months’ rent and Sh14,400 for clinic visits.

The compensation is expected to be paid in tranches with the first instalment of Sh160,000 was set to be paid in cash to Mr Maina on August 3, 2021 followed by another sum of Sh50,000 to be wired to the claimant through mobile money yesterday and the last tranche of Sh217,200 to be paid on or before August 17, 2021.

“The said total amount of Sh427,200 shall be paid directly to Anthony Maina through his mobile number and/or in cash. Failure to adhere by the terms of this agreement will entitle the claimant herein to pursue the necessary legal remedies available to him against the officers,” read in part the agreement.

On his part, Mr Maina is expected to be bound by the terms of this agreement after signing the same and also accept the offer as complete and full payment as compensation in this matter and thereby forfeit any other claim with regard to this matter.

However, Nairobi County Assembly, Deputy Majority Whip Waithera Chege questioned such agreement saying it defeats the rule of law and will only fuel impunity amongst the county askaris, emboldening those able to pay their victims.

She argued that the rule of law should have taken its course as the payment will sweep below the carpet issues of corruption, extortion and harassment by the kanjos.

“How many other hawkers are going to suffer in the hands of such rogue county askaris? This is not a good trend although it is a step in the right direction in terms of consensus building,” said the Nairobi South MCA.