Eleven residents of Dengenye Township in Kwale County have taken legal action, seeking justice for alleged brutal attacks, unlawful detention, and physical assaults carried out by private security guards hired by Bamburi Cement Company and General Service Unit (GSU) officers.
The attacks allegedly took place over the last five years, while the victims were either traversing land believed to be earmarked for a clinker processing plant by the company or were collecting firewood or accessing the beach.
In a petition filed at the Constitutional and Human Rights Division of the High Court in Kwale, the Kenya Human Rights Commission (KHRC), which is representing the victims, claims the residents sustained various injuries, including traumatic force injuries and dog bites.
The victims, all male adults aged between 24 and 60 years, live in the small township where Bamburi owns approximately 1,400 acres of land. The plant is planned for construction on one of these properties, Kwale/Tiwi Beach Block/2, which spans approximately 162 hectares.
Bamburi is named as the first respondent, while the Inspector General of Police and the Attorney General are also listed as respondents.
The petition details the residents’ longstanding use of known routes to access the forest and beach and asserts that these routes have never been disputed by the Kwale Department of Survey or the County Land Registrar. Despite this, the residents have been accused of trespassing on Bamburi’s property.
According to the petition, the GSU officers, along with private security guards employed by Bamburi, attacked the victims with kicks, blows, and by hitting them with sticks, causing serious injuries. On several occasions, the GSU officers and private guards allegedly used guard dogs to apprehend the victims, resulting in dog bite injuries to their arms and legs.
KHRC asserts that the amount of force used was excessive, given that the officers outnumbered the victims, who were either alone or with a fellow resident and unarmed. Moreover, the petition claims that the victims were not taken to the nearest police station or charged with any offences following their arrest, nor were they provided with any emergency medical assistance for the injuries they sustained.
Some victims were allegedly forced to part with their catch (such as fish) and firewood and were required to pay bribes to the GSU officers in exchange for their release.
KHRC’s petition argues that the acts committed were intended to intimidate the residents and deter them from accessing the beach using their traditional routes, while also suppressing any historical claims to the land. One of the victims, Omar Ali Kalendi, who was bitten by dogs in 2023, has since passed away.
KHRC further contends that the actions of Bamburi and the GSU officers constitute torture, cruel, inhuman, and degrading treatment, in violation of the Constitution of Kenya. The petition claims that the victims’ right to human dignity, as guaranteed under Article 28, was infringed. It also argues that the excessive use of force and the denial of their right to a fair trial or access to justice further violated the Constitution’s protections against arbitrary detention and inhuman treatment.
Additionally, the petition highlights the failure of the police to investigate the victims’ complaints, denying them justice. It also notes that the victims’ rights under Articles 49 and 50 of the Constitution were violated, as they were not informed of the reasons for their arrest, were denied access to legal representation, and were not brought before a court within the 24-hour limit required by law.
The petition also cites violations of the African Charter on Human and Peoples’ Rights (Banjul Charter), asserting that the victims were subjected to degrading punishment and treatment. Furthermore, it argues that the GSU officers acted in violation of The National Police Service Act by using unnecessary force and failing to offer medical assistance to those injured during the arrest.
