NAIROBI, Kenya, Aug 25 – The High Court on Tuesday suspended the sentence handed down to a secondary schoolgirl allegedly found in possession of bhang during a drugs bust aboard a Public Service Vehicle.
Justice George Odunga suspended her 18-month probation pending the hearing and determination of her suit challenging her conviction in the first place and seeking Sh7 million in compensation from the police.
He found that she had raised pertinent constitutional questions in her petition to warrant conservatory orders.
“Failing to do so would prejudice the applicant given by the time her petition is heard and determined, the sentence might already have been served,” he explained.
He however declined to overturn her conviction in the event that the petition is dismissed.
Her lawyers, Gladys Wamaitha and Duncan Okubasu, also filed an application to have the form-four student identified as ‘Y’ to protect her identity.
Odunga directed that the parties return to court on September 8 for further directions.
The schoolgirl and CRADLE-The Children Foundation sued the Attorney General, Director of Public Prosecutions and the Inspector General of Police on Friday for the violation of her inherent right to dignity and privacy following the online publication of indecent images taken of her during the police search for bhang.
The photos show a female officer holding down her bra to display what are believed to be rolls of bhang hidden there.
Another photo shows the girl being assisted to pull down her underwear and display what are believed to be packages of snuff and a matchbox.