Former ODM executive director Magerer Langat on Wednesday moved to court seeking damages over his assault during a party meeting last year.
Mr Langat has accused the Inspector-General of Police and the Director of Public Prosecutions (DPP) of failing to investigate or arrest 12 people over the matter.
He has also sued the 12 people for allegedly assaulting him on October 30, 2014 during an Orange Democratic Movement’s parliamentary group meeting.
He argues that both the Inspector-General and the DPP have seriously violated his rights through their failure to take up the matter.
Besides the compensation, Mr Langat wants the court to declare the assault — in which he was flushed out of the meeting with kicks and blows — as inhuman and degrading.
He further claimed that he was assaulted before members of the public, State officers and police officers. He said he reported the incident at Kilimani Police Station.
“Mr Magerer is aggrieved and states that he is being deprived justice since the IG and the DPP have failed to investigate and prosecute the perpetrators of this act of violence,” said his lawyer John Khaminwa.
ROUGHED UP
On the fateful day, he alleges that while proceedings went on at the party’s headquarters in Nairobi’s Hurlingham area, a group of Nairobi MCAs stormed into the meeting, roughed him up and assaulted him before ejecting him out of the venue.
He argued that the 12, who allegedly assaulted him, were neither invited nor a party to the said meeting.
He accused the group of grabbing his office and car keys and locking his office while he was being assaulted.
The 12 are: Benard Kadundo, Elisha Otieno, Daniel Oria, Peter Owena Oluoch, Maxwell Oduor, Oscar Otieno, Alvia Palapala, Catherine Okoth, George Ochola, Magdalene Mbogha, Rosemary Chichiri and Caroline Muga.
Mr Langat said that he was rescued by Kilimani police officers, who took him to the station to report the matter, and that he further recorded a statement later on November 4, 2014.
However, to date, no arrests had been made, he said.
He claimed he had to be driven to hospital after sustaining soft-tissue injuries, swollen joints and ankles.
He also claimed that the incident was very embarrassing, humiliating, ostracising and degrading since it has been difficult to adjust to normal life.
EXPOSED TO RIDICULE
He further claimed that his daughter, who was to sit for a national examination last year, was adversely affected to the extent that she refused to go to school for fear of being ridiculed or embarrassed.
“No steps were taken against the 12, no further statements by witnesses or suspects at all despite the fact that I reported and it was the police themselves who rescued me from the scene of the offence but they have chosen to turn a blind eye,” Mr Magerer said.
He wants the court to declare that the failure to prosecute his attackers is a violation of his rights to fair administrative action and negligence by the IG as well as the DPP.
High Court judge Weldon Korir has directed that the matter be heard on February 20.
