The circumstances under which these photos were taken, in the presence of male and female police officers, fellow students and unauthorised cameras, the petition contends, warrant the awarding of damages.
It also contends that her conviction was unprocedural and should therefore be quashed.
Her lawyers argue that she pleaded guilty of being in possession of banned substances without legal representation despite her qualifying, they contend, as a vulnerable person – being a schoolgirl.
They also argue that the prosecution did not present an analysis report confirming that it was actually bhang found in her possession.
They’ve also accused the police of having failed to take into consideration the mitigating circumstances of how she came into possession of the substances.
“A student from a nearby school gave her some folded substances and pleaded with her to hide it for him which she did. She panicked after the police took the vehicle and directed it to the police station and in the course hid the match box and some papers into her under clothes,” the petition testifies.
The PSV in which the petitioner and 36 others were arrested was flagged down by police in Sagana for playing loud music.
The students were on their way to Nairobi having closed school for the August holidays and reportedly found imbibing and engaging in sexual acts.
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