BY SAM ALFAN.
A school girl whose nude photos were circulated on social media during a police search has been awarded Sh4 million.
The girl was stripped naked by police as they searched for drugs.
The girl was among a group of students whose school bus was intercepted by police on Karatina Road on August 5, 2015 after members of the public informed the police that the bus was playing loud music and the children appeared intoxicated.
The police stopped the vehicle and conducted a thorough search and found bhang hidden in the girl’s undergarments.
The school girl was charged in court the following day, where she pleaded guilty and was sentenced to 18 months probation.
Human rights defenders took up the case after photos of the search were circulated on social media.
Justice John Mativo said the photographing and publication of her photos was harmful as it invaded her privacy and lowered her dignity.
“I conclude that the search was illegal in that it violated the provisions of the Children’s Act, Article 53 of the Constitution, the right to dignity and not be subjected to degrading treatment and international conventions protecting the rights of children and statutory provisions governing police conduct while searching women,” the Judge said.
The court in addition said it was wrong for the two female cops to search the girl in front of other students and male officers.
Although the Judge said it was difficult to quantify the amount to be paid to the girl, he said Sh4 million would be reasonable.
The Judge, however declined to quash her conviction saying she should have appealed against the sentence or ask for a review.