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February 21, 2019

Couple want to sue state afresh over cop brutality and illegal search of home

Justice David Majaja./FILE
Justice David Majaja./FILE

A man injured by a stray bullet 15 years ago during a shootout between police and robbers wants a case against the state reopened.

Leonard Munyao and his wife Queen Elizabeth Mutua yesterday told High Court judge Wilfrida Okwany that they have new evidence that directly implicates police officers.

The couple were awarded Sh80,000 in damages in 2014 by Justice David Majanja, who ruled that a search for weapons in their home was unreasonable and violated their rights.

They however pleaded with Okwany to reopen the case, saying they have a witness who saw the shooting and is willing to testify.

According to court documents, Munyao was shot in the leg at Machakos Bus Station on August 21, 2003. The couple were held by police, who also searched their home in South B, Fuata Nyayo Village, for weapons.

They were later released without charge. Mutua said as a result she delivered a premature baby, who died six days later. They sued the state over police brutality and illegal search of their house.

The state has opposed the fresh bid, saying the case was fairly heard and the attempt to reopen it is an abuse of court process.

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