This archive report was first published on 6 October 2019.
On October 6, 2019, the High Court in Kenya ordered the government to pay Sh15,857,730 to the family of James Ng'ang'a Kariuki, who was shot dead by a police officer in 2010.
James Kariuki, a 29-year-old lawyer and junior lecturer at Sheffield International University in the UK, was killed during a brawl in a club in Westlands, Nairobi.
Two police officers, Dickson Munene Mwangi and Alexander Chepkonga Francis, were tried and convicted for his murder, but Mr. Chepkonga was later freed on appeal.
The family of the late Kariuki sued for liability and the matter was settled by consent recorded before the trial judge on April 20, 2016, with liability attaching against the Attorney-General.
The court awarded the family Sh15,857,730, comprising Sh100,000 for pain and suffering, Sh200,000 for loss of expectation of life, and Sh12 million for loss of dependency.
The family was also awarded special damages of Sh1,557,730 and exemplary damages of Sh2,000,000.
However, the family was dissatisfied with the award and appealed to the Court of Appeal, arguing that it was too low.
On appeal, Justices Daniel Musinga, Gatembu Kairu, and Sankale ole Kantai ruled that the amount given by Justice Sergon was reasonable in the circumstances.
They stated that there was no confirmation that James Kariuki was employed by Sheffield International University at the time of his death.
