Journalist cries foul over delayed Sh12m award for torture
Journalist Peter Makori. Mr Makori says state officials have frustrated his bid to get Sh12 million the High Court ordered as payment for torture, unlawful detention and malicious prosecution. PHOTO | COURTESY
What you need to know:
- Mr Peter Makori was awarded over Sh5 million by a 2006 tribunal for state torture.
- He was detained unlawfully, tortured and prosecuted maliciously over a story on killings he covered.
- High Court affirmed the tribunal's ruling and six months ago it issued an order to the AG to pay Mr Makori Sh12 million.
The Attorney-General’s (AG) office has been thrust in bad light for appearing to delay compensation for a Kenyan journalist who was awarded damages for torture.
About six months ago, the High Court issued orders compelling the AG to pay Sh12 million to Mr Peter Makori, who is now based in the US, as compensation for torture, unlawful detention and malicious prosecution two decades ago.
But the man is now frustrated by what he terms “deliberate obstacles” by officials at Harambee House.
Mr Makori has instructed his lawyers to institute contempt of court charges against the AG Paul Kariuki, Internal Principal Secretary Karanja Kibicho, and other top government officials, he claims are responsible for derailing his compensation payments.
The journalist said that doctors had diagnosed him with permanent injuries after police tortured him 16 years ago.
He said his lawyer Mr Ken Bosire made a follow up three months ago but he was told that his file has gone missing.
“The compensation of Sh12.4 million cannot enable me sustain the ongoing medication in which I have spent tens of thousands of dollars in various hospitals in America as a result of the injuries inflicted on me by the police,” said Mr Makori.
In a letter dated September 28, 2018, the Solicitor-General Ken Ogeto wrote to Dr Kibicho requesting the Sh12.4 million which the High Court directed the government to pay Mr Makori.
The award was issued by a quasi-judicial tribunal convened by the Kenya National Commission on Human Rights and the ruling was adopted by the High Court in Nairobi.
FALSE CONFESSION
Mr Makori was arrested about 16 years ago while reporting on the killing of two chiefs in Bonchari, Kisii County.
He was later charged with the killing of an assistant chief, whose body was found in Bokeire sub-location.
He said Flying Squad officers tortured him while in custody in bid to extract a false confession.
After spending almost 11 months in custody, he was released from Kodiaga Prison in Kisumu after the AG terminated his prosecution for lack of evidence.
TRIBUNAL RULING
He filed his complaint with the KNCHR which constituted a quasi-judicial tribunal to hear his complaint.
The KNCHR Act, 2003, mandated the commission to constitute such tribunal to hear cases of human rights violations and award damages to victims.
The 2006 tribunal found the government liable for the journalist’s torture and illegal detention and awarded him Sh5,053,671.
The tribunal ruling was filed in the High Court in Nairobi.
Then High Court Judge Kalpana Rawal, now retired, affirmed the ruling on October 24, 2011 and directed the government to pay the award together with accrued interest.
