Moi ordered to pay ex-spy chief Sh2bn

Retired President Moi has been found liable for detaining a senior security official during his rule and ordered to pay Sh2 billion in compensation.

In a precedent-setting ruling, the High Court found Mr Moi personally liable for illegal detention of former National Intelligence deputy director Stephen Muriithi.

High Court judge Lady Justice Jeanne Gacheche said Mr Moi is liable for detaining Mr Muriithi without trial for three years and ordered him to pay the former detainee Sh50 million as punitive damages and Sh80 million as compensation.

The Sh80 million compensation is to earn compound interest at 12 per cent from July 1982.

Justice Gacheche, in a ruling which is likely to open flood gates of suits over illegal detention, said that times have changed and emerging international trend, individuals and corporate bodies can be held liable for violation of human rights. Mr Moi left power in 2002.

“Under the old constitution it was deemed that state was to hold duty to protect human rights. The new trend is that persons and corporations can be held personally liable for violation of human rights,” the judge said.

The retired President was a duty holder with obligations to protect human rights.

Wednesday’s ruling arose out of a case filed by Mr Muriithi accusing Mr Moi of unlawfully ordering his detention without trial.

Mr Muriithi had said his detention was unconstitutional and had ulterior commercial advantages.

He accused the retired head of state of locking him up with an intention of getting some properties they co-owned.

Among the properties he claims he co-owned with the retired President at the time were parcels of land in Nairobi and Nakuru.

This, he had said, were registered under investment companies in which both he and Mr Moi were partners.

Other properties acquired jointly with Mr Moi are Corner House, Atlas Building, Ruprani House and Kenwood House, all in Nairobi.

According to documents filed in court, the parcels were sold during the time Mr Muriithi was in detention in 1982.

Mr Muriithi had claimed that Mr Moi denied him access to dealings in the investment and that he was unable to access any information regarding the investments and the transactions.

He asked the High Court to declare that his detention was illegal and that the former president had him put away with the ulterior motive of achieving a commercial advantage.

Mr Muriithi also sought to be compensated, saying his rights as a Kenyan were violated. He pleaded the sale of the property be considered illegal and unconstitutional.

The two together with others owned four investment companies, among them Fourways Investment Ltd, Mokamu Ltd, and Sheraton Holdings Ltd, in which the respondent owned 40, 33, and 40 per cent stake respectively. Mr Moi owned 19, 33, and 19 per cent respectively.

On his part the former head of state never filed a response to the case, but instead asked the court to dismiss it.

The retired head of state had said the case cannot stand because he is a private person and therefore could not be found liable for abuse of human rights. He also had said Mr Muriithi was detained by the Ministry of Home Affairs.

At some point, Mr Muriithi could not serve the suit papers on Mr Moi due to heavy security and he was forced to ask the court to give him permission to serve the former president through newspapers. His request was granted.

On Wednesday, the judge said she was convinced that the detention was meant to achieve commercial advantage.

She also held that there is no way a person of Mr Muriithi’s status (deputy NSIS boss) could be detained without the knowledge of the head of state.

However, the retired President does not have to part with the money immediately as the judge gave a temporary order stopping the former detainee from demanding payment.