Bamburi Cement sued over alleged dog attacks, security personnel assault on Kwale residents

The Kenya Human Rights Commission (KHRC) has sued Bamburi Cement on behalf of 11 victims in Kwale County, citing dog attacks, assault, and other human rights violations by the company's security personnel.

The contention surrounds access to large tracks of land Bamburi Cement owns in Denyenye Township as residents go fishing in the Indian Ocean and collecting firewood in a nearby forest.

The residents live on tracks of land neighbouring the company’s property, and “have from time immemorial used known routes to access the forest and the beach,” reads Kwale High Court filings seen by Citizen Digital.

KHRC says the residents have however been accused of traversing or trespassing on the cement maker’s property, where it intends to set up a clinker processing plant.

“On different occasions over the past five years, the victims have been brutally attacked, unlawfully detained and physically assaulted by [Bamburi Cement]’s private security guards and General Service Unit (GSU) officers while traversing through the property to access the beach or collect firewood,” reads the petition.

KHRC says the 11 victims are men aged between 24 and 60.

It accuses the GSU officers and private guards of attacking the victims with kicks and blows, and hitting them with rungus and huge sticks, “occasioning very serious injuries on the victims.”

“On several other occasions, the GSU officers and private guards used excessive force during apprehension by releasing guard dogs to the victims, which occasioned dog bite injuries on their legs and arms which events were reported accordingly,” the suit states, adding that the victims have always been unarmed.

Further, the rights body submits that the victims upon their arrest were neither taken to the nearest police station, charged in court for any offences nor offered any emergency medical assistance.

“Some victims after arrest were forced to part away with their catch (fish), and firewood and in addition pay a bribe to the GSU officers for their release,” KHRC adds.

Among the various injuries the victims say they sustained are blunt force trauma, dog bites and bruises. They say despite reporting the incidents at Kwale police station, the police have never taken action.

Bamburi Cement is listed as the first respondent, while Inspector General of Police Douglas Kanja and Attorney General Dorcas Oduor are the second and third respondents respectively.