Koigi Wamwere awarded Sh12m for Jomo, Moi regime torture and detention
Former Subukia MP Koigi Wamwere displays the book Speak Truth to Power in which he is featured at Kahawa Sukari, Nairobi, on July 17, 2013. The Court of Appeal on March 6, 2015 awarded Mr Wamwere Sh12 million in damages for torture during Jomo Kenyatta and Moi regimes.
What you need to know:
Justices Phillip Waki, Patrick Kiage and Jamilla Mohammed ruled that Sh12 million was proper compensation for Mr Wamwere after he appealed a High Court award of Sh2.5 million.
Although the judges declined to grant his request of Sh200 million, he will get interest on the Sh2.5 million he was awarded by the High Court three years ago.
High Court Judge Mumbi Ngugi had on March 28, 2012 awarded him Sh2.5 million after ruling that only the torture at Nyayo and Kamiti had amounted to actual violations.
In his appeal, he protested he was not awarded any damages for the two detentions and the false charges and sought Sh200 million.
The Court of Appeal on Friday awarded former Subukia MP Koigi Wamwere Sh12 million in damages for torture during President Jomo Kenyatta and President Daniel arap Moi's regimes.
Justices Phillip Waki, Patrick Kiage and Jamilla Mohammed ruled that Sh12 million was proper compensation for Mr Wamwere after he appealed a High Court award of Sh2.5 million.
Although the judges declined to grant his request of Sh200 million, he will get interest on the Sh2.5 million he was awarded by the High Court three years ago.
“Accepting that the award of damages is not an exact science and knowing that no monetary sum can really erase the scarring of the soul and the deprivation of dignity that some of these violations of rights entailed, we find and hold that Mr Wamwere is entitled instead to damages in the sum of Sh12 million with interest from the High Court judgment,” the bench ruled.
FALSE ROBBERY
Mr Wamwere had first moved to court on December 31, 2008 seeking to have two detentions, incarceration as well as an 11-day torture at Nyayo House and Kamiti Maximum Prison declared violation of his rights.
He also argued that a false robbery with violence charge against him at a Nakuru chief magistrate's court on November 5, 1993 violated his freedoms.
He was first detained without trial between August 9, 1975 and December 1978, and later between August 5, 1982 and December 1984.
The torture at Nyayo House occurred on October 8 to 19, 1990 and the Kamiti one between October 19, 1990 and January 19,1993.
High Court Judge Mumbi Ngugi had on March 28, 2012 awarded him Sh2.5 million after ruling that only the torture at Nyayo and Kamiti had amounted to actual rights violation.
Mr Wamwere had requested Sh100 million.
JUDGE ERRED
In his appeal, he protested that he was not awarded any damages for the two detentions and the false charges and sought Sh200 million.
He argued that the judge erred in failing to find that his detention was unconstitutional as it was occasioned by political, personal and ideological differences with Mr Moi and Mr Kenyatta.
According to Judge Ngugi, Mr Wamwere should have filed a suit for appropriate redress of the false charges since he had genuine complaints and the courts were functioning properly at the time.
The appellate judges also dismissed Mr Wamwere's claims, and disagreed that the requested Sh200 million had no basis.
They pointed out that other Nyayo House torture victims had been awarded a maximum of Sh2.5 million as damages.
The former lawmaker was allowed to pay half the cost of the appeal suit.
