Jaramogi aide’s family wins Sh2m compensation

A court found that Mr Daniel Ojijo was detained by police for 73 days before he was taken to court. Such a prolonged period constituted inhumane treatment. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • They claimed that the security agents also took away their father’s movable and immovable property, causing them economic loss.
  • Mr Ojijo was held at the Nyayo chambers for more than 70 days before being taken to Kamiti, where he served his first year, and was then moved to Kibos.

The family of an aide of Kenya's first Vice-President Jaramogi Oginga Odinga, has been awarded Sh2 million compensation by a Kisumu Court for his unlawful detention at the infamous Nyayo House underground chambers.

Ms Rachael Ojijo, the deceased's daughter and administrator of his estate who filed the suit, said her father, Mr Daniel Tom Odero Ojijo, was picked up from a house in Mariakani, South B, in Nairobi, in 1987 by two regular police officers for allegedly being a member of the outlawed Mwakenya.

While he was being held at Nyayo House, officers from the Criminal Investigations Department ransacked the house.

Mr Ojijo's family only became aware of his whereabouts from reports in the daily newspapers about people who had been charged with being members of an outlawed group.

TORTURE

The family had sought compensation for wrongful detention and imprisonment, as well as loss of earning from the time of arrest to the time of his death. He was jailed for five years.

Ms Ojijo and her brother, Mr James Odera Ojijo, had said that their father was tortured and kept incommunicado.

He was held at the Nyayo chambers for more than 70 days before being taken to Kamiti, where he served his first year, and was then moved to Kibos for the remainder of his sentence.

“While at the Nyayo House chambers, my father was placed in water with chemicals, which made his body itch. He was also driven to undisclosed location where he was stripped of his clothes lowered into a deep hole with termites, which bit him for almost 30 minutes,” Ms Ojijo said.

“As a result of my father’s loss of liberty and dignity, coupled with gross inhuman treatment and bodily injury and torture, he contracted chronical illness which weighed him down to his grave,” Ms Ojijo said.

LOSSES

They claimed that the security agents also took away their father’s movable and immovable property, causing them economic loss.

But Justice Fred Ochieng’ faulted the siblings for not providing evidence to back these claims.

He said the Ms Ojijo’s evidence was based on what she had been told by her parents.

He pointed out that the doctor who treated Mr Ojijo was still alive and could have been asked to give evidence to strengthen her case.

But the court found out that Mr Ojijo was held for 73 days before he was taken to court.

Such a prolonged period constituted inhumane treatment and a violation of Mr Ojijo’s constitutional right to personal liberty.