• Mutoka was shot on September 19, 2007, while at her home. The bullet passed through her shoulder and exited through her breast. Her request for a settlement was stalled by the post-election violence.
• In her initial suit, she accused police of failing to take reasonable care when carrying out their duties. State says she was negligent in her own home.
Betty Omusula Mutoka has been seeking justice since she was shot by police while going about her own business in her compound in Embakasi’s Kware Estate, 13 years ago.
Mutoka on Thursday filed a new case against the Interior Principal Secretary, seeking to be paid the Sh1.8 million she had been awarded by a magistrate's court on February 12, 2016.
It was never paid. The state says she was negligent and police not to blame.
She is seeking an order to compel the PS to pay her the Sh1.8 million.
Mutoka was shot on September 19, 2007, while at her home.
The bullet entered her shoulder and exited through her breast.
She was rushed to hospital where she spent a long time in treatment.
Mutoka said she didn’t have money and was forced to borrow from friends and family to pay her medical expenses.
The shooting was reported to Embakasi police station and later in 2010, she filed suit when she realised she could not reach an amicable settlement with officers.
“From the onset, the OCS of Embakasi police station was friendly and wanted us to reach a settlement but we had post-election violence and we could not pursue the matter further so it was placed in abeyance for some time,” Mutoka said.
But when she went back to the police station after the post-election violence, no meaningful efforts were made towards negotiations. she said.
“...It seems the police were just buying time and what I was seeing was some sort of hostility, which made me seek help and justice from our courts.”
She filed her case and a judgment was entered granting her compensation of Sh1.8 million on February 12, 2016.
In her initial suit, she accused the police of failing to take reasonable care when carrying on their duties.
She further said the officers were negligent handling their firearms and failed to protect the public.
The state had asked the court to dismiss her case, saying the shooting was due to her own negligence.
Edited by R.Wamochie