LIZA CATHERINE WANGARI MWANGI v ATTORNEY GENERAL [2010] eKLR plaintiff suffered and continues to suffer. The conduct of the police officers was not just wrong. It was abnormal, crude and even demonic. Even the fact that male police officers could strip a woman suspect naked, flog her on the buttocks and even gleefully insert a bottle in her vagina is in itself not just the apex of vulgarity, but an obnoxious act which goes against all rules of common decency. It was an outrageous act that calls for unreserved condemnation by all right minded persons. The act of penetration with a bottle actually amounted to rape. This was gang rape given that the perpetrators were several. It amounts to an offence under Section 10 of the Sexual offences Act and punishable to a term of not less than 15 years imprisonment to life imprisonment. This therefore makes the torture aggravated and calls for an award of both general damages and aggravated damages. After considering the entire evidence before me and the circumstances surrounding this matter I find the following award fair and just. - General damages to the tune of 5 million. - Aggravated damages of 2 million. That amount is in my considered view sufficient to cover any future medical expenses and I will not therefore make any award for future medical expenses. In sum, I am satisfied that the plaintiff has formally proved her case against the defendant on a balance of probabilities. I enter judgment for her in the following terms (a) Special damages KSh. 122,915.00 (b) General damages KSh.5,000,000.00 (c) Aggravated damages KSh.2,000,000.00 http://www.kenyalaw.org - Page 5/7

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