Matiba seeks Sh9m for illegal detention

Former presidential candidate Kenneth Stanley Njindo Matiba wants the government to pay him Sh9.1 million for his detention at the height of the clamour for multi-party democracy.

He is seeking the money as “special damages” for medical expenses and aggravated injuries he suffered while in prison.

A petition lodged in court on Monday says on or about May 3, 1990, he and Mr Charles Rubia, then MPs and Cabinet ministers, convened a press conference in Nairobi at which “we called for the repeal of Section 2(a) of the Constitution of Kenya, 1990, the dissolution of Parliament and holding of free elections devoid of rigging and an end to the mismanagement of public affairs, which we believed could only be achieved by opening up or widening the democratic space through the repeal of the said provision.”

Mr Matiba says what followed was subjection to condemnation, threats and vilification from Kanu bigwigs who included former President Daniel arap Moi, Cabinet ministers, technocrats and politicians who bayed for their blood.

“In essence, President Moi and his associates roundly, falsely and maliciously accused us of being actuated by sinister motives in calling for the re-introduction of multi-party democracy and even went as far as criminalising our perfectly legal actions,” the petition reads.

He said intimidation intensified, with a section of politicians even demanding that they be detained.

Mr Matiba was arrested on July 4, 1990, and held at various locations and finally taken to a police station where he was served with a detention order.

He was detained at various prisons until he was admitted to hospital on June 4 1991.

On June 9, 1991, he was still in hospital when the government announced he had been released from detention.

In the petition, he says the detention was illegal as calling for a reintroduction of multi-partyism was democratic.

The case has been certified urgent and will be put before a judge for direction.