Footprints of Impunity

FOOTPRINTS OF
COUNTING THE COST OF HUMAN RIGHTS VIOLATIONS

NYAYO HOUSE TORTURE CHAMBERS IMPUNITY
FOOTPRINTS OF
IMPUNITY
COUNTING THE COST OF

HUMAN RIGHTS VIOLATIONS
1
NYAYO HOUSE TORTURE CHAMBERS
Kenya National Commission on Human Rights

FOOTPRINTS
OF IMPUNITY
COUNTING THE COST OF HUMAN RIGHTS VIOLATIONS.
NYAYO HOUSE TORTURE CHAMBERS

ISBN: 978-9966-040-41-1
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ii
FOOTPRINTS OF
Contents
Executive Summary iv
Acknowledgement v
Introduction 1-2
 Methodology
Operating Environment 3-6

 Kenya’s Milieu During Dark Decades
 Decade of Fundamental Rights and Freedoms’ Dearth
Reparations for Victims of Nyayo House 7-46

 Satisfaction: Verification of Facts and Full Public Disclosure
 Satisfaction: Public Apology and Acknowledgment of Facts and Acceptance of
Responsibility
 Compensations to Nyayo House Torture Chambers Victims
 Compensation to the Victims Tortured at Nyayo House
 Compensation to the Estate Of Victims Tortured at Nyayo House
 Compensation to Torture Victims not held at Nyayo House
The Irreparable Lost Opportunities Borne by the Victims 47-50

 Loss of Lives
 Breakdown of Family Relationships and Marriage
 Loss of Employment and Income
 Loss of Education
 Poor Health
 Cost To Kenyan Economy
iii
Fundamental Matters for Consideration by KNCHR 52-57

 Pursue The Implementation of Other Forms of Reparations
 Personal Responsibility for Public Officers
Conclusion 57
Executive Summary
T
he heinous human rights violations of human right violations for example the Truth,
committed by public officers of the Justice and Reconciliation Commission; and
Kenyan government in 1982-1992 at public officers being investigated for human
Nyayo House is a stark and sad reminder of rights violations and abuse of their offices
cost of impunity. Not only did the victims of ‘stepping aside’ rather than resigning from their
Nyayo House experience irreparable losses positions.
that ranged from; death, loss of income, loss
of employment, loss of education opportunities, In the course of conducting research on
broken familial relationships and ill health as Cost of Impunity; Revisiting The Nyayo
result of physical and psychological torture House, the victims of the Nyayo House
visited upon them at Nyayo House, but also the strongly recommended to the Kenya National
Kenyan taxpayers have incurred the cost of this Commission on Human Rights (KNCHR) to
impunity by the government. ensure personal responsibility by public officers
who act in contempt of rule of law and violate
Pursuant to 126 suits filed by the victims of the human rights- because the culture of impunity
Nyayo House against the government of Kenya, that prevailed under the old constitutional
the victims were awarded Kshs. 372,524, 686 dispensation continues to thrives under the
as compensation. Given compensations made ‘new’ constitutional dispensation. It cannot be
against the government is paid from the public overemphasized that the prevailing culture of
coffers, Kenyan taxpayers have been penalised impunity in Kenya is unacceptable. Against this
to pay Kshs. 372,524, 686 to the victims of backdrop, KNCHR in line with its mandate will
Nyayo House, whereas the public officers that endeavour to ensure public officers are held
committed these violations have never been personal responsible for acts of impunity. Best
held personally responsible. This is just but practices wherein public officers have been
one example of high cost of impunity that has held personally responsible for human rights
to be borne by the Kenyan taxpayers. Perhaps violations and conducts of impunity abound,
in the comfort that reprieve for human rights for example in jurisdictions such as Sweden.
violations is compensation, that is borne by In endeavouring for public officers to be held
taxpayers, do public officers flagrantly conduct personally responsible for violating human rights
acts of impunity, and abet culture of conspiracy and abetting impunity, KNCHR will not only be
and inaction towards human rights violations. cohering with the provisions of the Constitution
Poignant examples of these are: human of Kenya 2010 but also international laws that
rights violations by police officers; incitement are part of Kenyan laws.
and hate speeches by public officers; grand
corruption; economic crimes and subjecting
Kenya to odious debts; land-grabbing; blatant Kagwiria Mbogori
failure to implement reports that call for redress Chairperson, KNCHR
iv
Acknowledgement
The Kenya National Commission on Human Rights (KNCHR) would like to acknowledge and
appreciate the contribution of individuals, groups and institutions that provided information
towards the writing of this report.
Special thanks to Beverline Ongaro for researching and authoring the report. The report was
reviewed by Bernard Mogesa and George Morara and edited by Patricia Nyaundi.
KNCHR is grateful to the Royal Netherlands Embassy for continued support to the program
activities, part of which supported this work.
v
FOOTPRINTS OF
Introduction
The Kenya National Commission on Human an example of the attitude of impunity
Rights (hereafter the Commission or KNCHR) by the state to victims of human rights
is an independent National Human Rights violations. The Commission sought to
Institution (NHRI) established under Article establish whether all the Nyayo House
59(1) as read with Article 59(4) of the victims were reached and how much
Constitution of Kenya, 2010 and the Kenya they were compensated.
National Commission on Human Rights Act No. 3. Make recommendations that would
14 of 2011, revised in 2012. The Commission attach personal responsibility for
has two broad mandates. To advise and public officers who act in contempt of
support state and non-state actors to discharge the rule of law.
their obligation to respect, promote and fulfil 4. Generate interest for further
human rights, and to play a watchdog role over investigation on the issue of cost of
the various government organs with respect impunity, so as to determine;
to human rights in the Republic of Kenya. In a) how much it costs the taxpayer to
order to fulfil its mandate, the Commission compensate the victims.
undertakes various programmatic initiatives b) the long term costs to the direct
that include research. and indirect victims of human
rights violations
In 2016 the KNCHR commissioned research to c) public officers personal liable for
achieve the following objectives: - the violation of human rights
1. Document the cost of human rights To this end, the study undertook the following
violations especially where the same activities: -
were occasioned by acts of impunity.
To this end, the Commission sought 1. Document costs of violations (court
follow up on whether the government judgements), interview victims to
compensated the Nyayo House determine lost opportunity and what it
victims1 as per the court orders. has likely cost the economy.
2. Highlight the plight of torture victims as 2. Document the number of victims of
the Nyayo House torture chambers
1
This report employs the definition of victim as per Section 2 of the Victim
Protection Act No. 17 of 2014 that defines victim as ‘ any natural person who who were given court awards and how
suffers injury, loss or damage as a consequence of offence’ [accessible at www.
kenyalaw.org ]and the term as per its utilisation in the Basic Principles and much they were compensated.
Guidelines on the Right to Remedy and Reparation for Victims of Gross Viola-
tions of International Human Rights Law and Serious Violations of International 3. Establish the cost of the compensation
Humanitarian Law [accessible at www.ohchr.org].Although it is instructive to
note that victims have often been referred to as Nyayo House torture chambers to the taxpayers.
survivors to imply they survived the heinous ordeal at Nyayo House.
1
FOOTPRINTS OF COUNTING THE COST OF HUMAN RIGHTS VIOLATIONS
IMPUNITY NYAYO HOUSE TORTURE CHAMBERS
Methodology
This report has been compiled through desk

review and analysis of existing relevant secondary
materials, which included; Laws, Policies,
standard Measures, court decisions and reports
on the promotion and protection of human
rights. The findings of this study are limited
to the victims of the Nyayo house torture and
cannot therefore be used to draw a generations
with regard to other torture victims. However the
findings demonstrate that gross human rights
violations were committed then and the same
can be committed to other victims as well.
This report is prepared by, and pursuant to the

activities undertaken in October to November
2016. The report has four sections. Section
one contextualizes the basis of suits filed by the
Nyayo House victims by giving a background on
Kenya’s political milieu and as well a synopsis
of the victims’ rights and freedoms that were
violated. Section two briefly discusses various
forms of reparations, enumerates the victims of
Nyayo House who sought reparation in form of
compensation, and the compensation awarded to
them. Section three highlights lost opportunities
experienced by the victims of Nyayo House.
Section four discusses fundamental matters
for consideration by the KNCHR in the form of
recommendations.
2
FOOTPRINTS OF
Operating Environment
The Republic of Kenya had a multi-party the International Covenant on Civil and Political
democracy prior to the threshold of the two Rights (ICCPR)11 and the African Charter on
dark decades in 1982. Human and People’s Rights (ACHPR)12, which
guarantee these aforementioned fundamental
rights and freedoms. ICCPR and ACHRP
Kenya’s Milieu During Dark
impose obligations on the State Parties to
Decades protect, respect and promote the rights and
freedoms enshrined therein. Of significance
On 9th June 1982, Kenyan Parliament hastily
is the prohibition of torture under Article 7 of
passed the Constitution of Kenya Amendment
ICCPR and Article 5 of ACHRP.
No. 7 of 1982 under the Repealed Constitution
of Kenya2, transforming Kenya into a de jure
The United Nations Convention against Torture
one party state.3 This marked the beginning
and Other Cruel Inhuman and Degrading
of heinous and systematic violations of
Treatment or Punishment (UNCAT) is an
fundamental rights and freedoms by the Kenya
elaborate human rights treaty dedicated to
African National Union (KANU) government
combating torture, inhuman and degrading
towards persons perceived to oppose or hold
treatment or punishment. It seeks to attain
different views than KANU’s during the period
this by imposing obligations on State Parties
between 1982 and 2002. The Repealed
to prevent these acts. 13 Article 1 of UNCAT
Constitution of Kenya that was in operation
defines torture as, ‘… any act by which severe
during this period guaranteed: protection to
pain or suffering, whether physical or mental,
personal liberty4, protection from torture or
is intentionally inflicted on a person for such
inhuman or degrading treatment5, protection
purposes as obtaining from him or a third person,
against arbitrary search6, protection of law7,
information or confession, punishing him for an
protection of freedom of conscience8 , protection
act he or a third person has committed or is
of freedom of expression9 and protection of
suspected of having committed, or intimidating
freedom of assembly and association.10
or coercing him or a third person, or for any
reason based on discrimination of any kind,
During the period, 1982-1992 at the height
when such pain or suffering is inflicted by
of its heinous and systematic human rights
or at the instigation of or with the consent or
violations, Kenya was already a State Party to
acquiescence of a public official or other person
2
This was Kenya’s independent Constitution that was repealed on 27th August
acting in an official capacity. It does not include
2010 following promulgation of the Constitution of Kenya 2010 after a success-
ful referendum. The Repealed Constitution is accessible at www.kenyalaw.org.
pain or suffering arising only from, inherent in
3
People against Torture, Never Again: Profiles in Courage p.4. (N.B publica-
tion date is not indicated by the author). or incidental to lawful sanctions.’
4
Section 72.
5
Section 74(1). 11
Kenya acceded ICCPR on 1st May 1972. See http://tbinternet.ohchr.org/_lay-
6
Section 76. outs/TreatyBodyExternal/Treaty.aspx?CountryID=90&Lang=EN [accessed on
7
Section 77. 25th October 2016].
8
Section 78. 12
Kenya signed and ratified ACHPR on 23rd January 1992. See http://www.
9
Section 79. achpr.org/instruments/achpr/ratification/ [accessed on 25th October 2016].
10
Section 80. 13
www.ohchr.org [accessed on 25th October 2016].
3
Although Kenya was not a State Party to Decade of Fundamental Rights

UNCAT until 21st February 1997,14 the Kenyan
government through its officials and agents
and Freedoms’ Dearth
in Special Branch Police committed acts that
The 1982 Constitutional Amendment gave
fit this definition of torture during the period
impetus to growth of underground movements
of 1982 -1996, in flagrant violation of the
that were clamouring for an end to the then
Repealed Constitution’s Section 74, ICCPR’s
President Daniel Arap Moi’s despotic rule
Article 7, and ACHPR’s Article 5. During this
and the restoration of multi-party democracy.
dark decade, Kenya as part of the international
Notable underground movements were
community was bound by the international
Muungano wa Wazalendo wa Kuikomboa Kenya
principle of jus cogens: meaning prohibition
(known as MwaKenya Movement) that used
of torture is part of principles which form the
underground newsletters Mpatanishi (Arbiter),
norms of international laws that cannot be set
Pambana (Struggle), The Mwakenya Stand, and
aside. Even after Kenya became a State Party to
Kenya Democratic Plank16; December Twelve
UNCAT there were reported incidents of torture
Movement (DTM) that used Cheche Kenya
implicating the State security agencies.15
leaflets and pamphlets17, February Eighteen
Although this report focuses on victims of
Movement, and Kenya Patriotic Front.18 The
Nyayo House, it also includes victims who
KANU government proscribed the publications
were tortured at Nyati House because the latter
of these underground movements.
sought relief in consolidate suits alongside the
former. These Nyati House outlier cases are
The KANU government constructed Nyayo
singled out in section two below.
House using taxpayers’ money. Construction
of Nyayo House commenced in 1979 and was
completed in 1983.19 Although, there is no
unequivocal information on whether the cells
at the Nyayo House within its basement and
at 24th, 25th and 26th floors were part of the
1971 original architectural plans of the building,
regardless of the time they were constructed
in the building, it is evident these cells were
designed to be torture chambers.20 These cells
and basement are referred to as Nyayo House
torture chambers.
16
Friedrich Ebert Stiftung and Citizens for Justice, We lived to Tell, The Nyayo
House Story p.24,(N.B publication date is not indicated by the authors) Also
see Supra Note 3 at p.5.
17
Supra Note 14 at p. 14.
14
Ibid. 18
Supra Note 16.
15
See for example, reports by Independent Medico-Legal Unit at http://www. 19
Mwakilishi, Inside the Walls that Kept Kenya’s Dark Secrets( 16th April 2012)
imlu.org/2011-06-30-23-44-4/2015-08-28-09-08-23/reports.html [accessed www.mwakilishi.com [accessed on 25th October 2016].
on 23rd October 2016]. 20
ibid.
4
FOOTPRINTS OF
a) Violation of constitutional at ankle length for days causing their toes to rot;
made to do 50-100 sit-ups; safari ants being
right enshrined in
introduced in their cells; kept for days without
section 74(1) of repealed food and water and being then forced fed; their
constitution genitalia being hit with whips, pricked with
needles, burnt with cigarettes butts, metal rods
Moi’s single-party rule demanded forced into their rectums; pens forced into their
incontrovertible allegiance. Anything short urethra; and scrotum tied with rubber bands;
of this attracted heavy penalties. Persons beaten, kicked, slapped and hit with pieces
suspected of: holding views other than KANU’s; of furniture; and tooth plucked out with pliers.
being members and supporters of Mwakenya The family members and friends of persons
Movement or February Eighteen Movement suspected to be members of underground
or Kenya Patriotic Front or DTM; being in movements were also arrested and subjected
possession of the literature produced by to these torturous acts at Nyayo House.24 This
Mwakenya Movement and DTM; publishing and is a summary of some of the torturous acts that
being in possession of innocuous magazines the victims were subjected to by the Special
such as Beyond, Nairobi Law Monthly and Branch Police/ government agents at Nyayo
African Events which were considered seditious House and as well as Nyati House under the
because they featured articles on human KANU government.25
rights, constitutionalism and critiqued Moi’s
administration;21and being in communication Violation on Constitutional Rights Enshrined in
with persons perceived to be members of Section 72 of Repealed Constitution
the underground movements or a threat to At the time of arrest and thereafter, the victims
government22were hunted down, arrested and were denied an opportunity to inform their
unlawfully incarcerated incommunicado at family members, friends and colleagues of their
Nyayo House.23 At Nyayo House the victims whereabouts, and secure legal representation.26
were interrogated by around 8-12 government
agents and/or Special Branch police officers In order to bring to an end to their torture at
who tortured and subjected them to a range of Nyayo House, majority of the victims signed
cruel, degrading and dehumanising acts. self-incriminating statements they were forced
to sign by the torturers. Given the victims
The common accounts of the victims of Nyayo lacked legal representation and had been
House were being arrested, often at odd hours, threatened with death should they plead not
and held incommunicado at various police guilty to the charges preferred against them,
cells for days then taken to Nyayo House. At they pleaded guilty to those charges when they
Nyayo House the victims would be: stripped were arraigned in court, often at odd hours
naked; made to stand in cells filled with water before 8.00am and after 5.00pm.27
21
See for example, Joe Njoroge vs. Attorney General [2010] eKLR, the petitioner
was held at Kenya Tanzania Border Post for being in possession of magazine
African Events. 24
ibid.
22
See for example, George Kwanyah Odidi vs. Attonery General, the petitioner 25
The victims’ brutal ordeal in the hands of Special Branch Police at Nyayo
was held in communicado and tortured for 54 days for being in communica- House and Nyati House are described in detail in See generally, Friedrich Ebert
tion with one Osumba was in London where the petitioner had undertaken Stiftung and Citizens for Justice, We lived to Tell, The Nyayo House Story, and
his studies. People Against Torture, Never Again: Profiles in Courage and the Report of
23
See generally, Friedrich Ebert Stiftung and Citizens for Justice, We lived Truth, Justice and Reconciliation Commission.
to Tell, The Nyayo House Story , and People Against Torture, Never Again: 26
ibid.
Profiles in Courage. 27
ibid.
5
Some of the victims were remanded for months

and subsequently released after the Attorney
General entered nolle prosequi, effectively
dropping charges preferred against the victims.
Often the charges were different from the
reasons they were being held and tortured in
the first place, for example, some victims would
be charged for being members of Mpatanishi
that was assumed to be an organisation yet it
was a publication. By the virtue that the victims
did not have legal representatives to contest
the charges, these defective charges were
sustained and formed the premise for conviction
and sentence meted on the victims.28
Once convicted and sentenced on their plea of

guilty, the victims continued to endure inhuman
and degrading treatment in prisons. The victims
were often held in solitary confinement or in
the same cells that held prisoners with mental
disability, dressed in threadbare tattered clothes
that exposed their nakedness, given tattered
piece of clothing infested with lice and bedbugs
to cover themselves with as blankets, and served
poor diet that is unfit for human consumption.29
The victims who were released by the Special

Branch Police/government agents from Nyayo
House without any charges being preferred
against them were sworn in writing not to
disclose to anyone what happened to them.
They were threatened with dire consequences
should they disclose their ordeal to anyone.30 It
is therefore not surprising that the number of
victims of Nyayo House remains inconclusive
to-date.
28
ibid.
29
ibid.
30
ibid.
6
Reparations for Victims of
Nyayo House
The United Nations Basic Principle and for victims of human rights violations.
Guidelines on the Rights to Remedy and d) Satisfaction includes: Public apology
Reparation for Gross Violation of International and acknowledgment of facts
Human Rights Law and Serious Violation of and acceptance of responsibility;
International Humanitarian Law31, provides verification of facts and full and public
a basic framework for reparation to victims disclosure; commemorations and
of human rights violations. The Principle and tributes to victims of human rights
Guidelines brings into scope UNCAT and violations; inclusion of violations in
ICCPR that Kenya is State Party to. Therefore, human rights law and educational
it stands to reason then the Principle and training at all levels; and effective
Guidelines provide a strong premise as a point measures aimed at cessation of
of reference and comparison on reparations continuing violations.
accorded to the victims of Nyayo House. The e) Guarantees of non-repetition
Principle and Guidelines catalogues various that includes: Strengthening of
forms of reparations including, restitution, independence of judiciary; protection
compensation, rehabilitation, satisfaction and of lawyers, human rights defenders
guarantees of non-repetition. and the media; and continues human
rights education to law enforcement
a) Restitution that seeks to restore victims agencies.
of human rights violations to their state
prior to the violations. So far, the form of reparation that victims of
b) Compensation that provides for Nyayo House have overtly secured is in form of
economically accessible damages compensation and satisfaction.
such as physical or mental harm;
lost opportunities like employment,
education and social benefits; moral
damages; and costs required for legal
or expert assistance, medicine and
medical services, and psychological
and social services.
c) Rehabilitation includes medical,
psychological, legal and social services
http://www.ohchr.org/EN/ProfessionalInterest/Pages/RemedyAndReparation.
31
aspx [Accessed on 2nd November 2016].
7
Satisfaction: Verification of Facts ordeal.34 The third category comprises 13

victims who were detained without trial.35 The
and Full Public Disclosure fourth category comprises 58 victims who were
released without charge.36 The fifth category
The National Rainbow Coalition (NARC) party
comprises 28 victims who were forced into
won the 2002 General Elections ushering in
exile.37 The sixth category comprises 4 victims
its leader Mwai Kibaki as the third President of
who arrested, confined, charged in court but
the Republic of Kenya. NARC party comprised
not convicted nor sentenced.38 Similarly, People
human rights stalwarts. As such the NARC
against Torture developed profiles of 122
government was perceived as pragmatic and
victims of Nyayo House torture chambers.39
reformists, as it had included human rights
reform agenda in the Kibaki Administration.
In the course of compilation of their profiles, the
It is against this background, a promise of
Nyayo House victims called for establishment of
momentous dawn, that the Nyayo House
a Truth, Justice and Reconciliation Commission
victims documented and publicly disseminated
(TJRC) to address violation of their fundamental
accounts of their horrendous ordeal and
rights and freedoms, and injustices visited
sought relief for violation of their rights by Moi
upon them during the two dark decades. On
administration during the dark decade.
3rd August 2009, the TJRC was established
as per the terms of the Truth, Justice and
In 2004, the Citizens for Justice developed list
Reconciliation Act, No. 6 of 2008.40 The TJRC
of the victims of Nyayo House and categorised
was mandated to inquire into gross violation
them but placed a caveat that the list was not
of human rights and historical injustice that
conclusive or exhaustive.32 The first category
occurred from 12th December 1963 to 28th
comprises 107 victims who were arrested,
February 2008.41 This brought into scope
charged, convicted and served imprisonment
inquiry into atrocities committed at the Nyayo
terms.33The second category comprised 32
victims who were arrested, confined, jailed 34
Supra Note 32 at p.73.
and died during or after the Nyayo House
35
36
Supra Note 32 at p.73-74.
37
38
Friedrich Ebert Stiftung and Citizens for Justice, We lived to Tell, The Nyayo
32 39
Supra Note 3 at p. 45-114.
House Story p. 70.(N.B publication date is not indicated by the authors). 40
Section 3 of TJR Act, No.6 of 2008.
33
Supra Note 32 at p. 70-71. 41
Section 5 of TJR Act, No.6 of 2008.
8
FOOTPRINTS OF
House. The TJRC made the following findings of torture and unlawful detention and
in respect of Nyayo House42:- acknowledge the role of the State in
the design and use of Nyayo House
 Systematic use of torture was employed torture cells for torture purpose, within
by the Special Branch Police during the timeline of 3 months.
interrogations of detained persons 2. The Nyayo House be converted into
in Nyayo House, Nyati House, police a memorial after consultation with
stations, prisons and other locations.43 victims of torture within 12 months by
 Nyayo House basement cells, and the the Ministry responsible for National
24th, 25th and 26th floors were used Heritage and National Museums.
for interrogations and torture after the 3. Enactment of legislation and
attempted coup of 1982, during the establishment of the office of
Mwakenya Movement crackdown, independent inspector of Prisons
and the February Eighteen Movement and All Places of Detention with the
crackdown, and that the state function of inspecting prison conditions
purposely designed and build these and investigating allegations of torture,
places for torture purposes.44 within 12 months by the Parliament
 The State established a taskforce for and Attorney General. TJRC also
the specific purpose of interrogation recommended that the Office be
and torture of suspects. 45 mandated to investigate all cases of
death in custody and issue periodic
The Judiciary frequently cooperated with reports to the public on the conditions
the prosecution and security forces in the of prisons in Kenya.
confinement of violations by refusing bail 4. The prosecution of the members of the
and by admitting evidence obtained through taskforce that was established for the
torture. The Judiciary was also complicit in the purpose of interrogation and torture
violations to the extent they conducted trials of suspects at Nyayo House, within
beyond working hours.46 18 months by the Director of Public
Prosecution.
The TJRC made the following recommendations 5. Enactment of legislation prohibiting
in respect of Nyayo House torture chambers torture within 12 months by the
atrocities from the date of handing over reports Attorney General and Parliament.
of its findings to the President of the Republic 6. Reparation for victims within 36
of Kenya 47:- months of which an implementation
mechanism was to be set up.
1. The President of the Republic of Kenya
to offer a public apology to all victims The findings and recommendations by the
TJRC are critical in assessing whether Kenya
Truth Justice Reconciliation Commission Kenya, Report of the Truth, Justice
42
has stemmed or eliminated culture of impunity
and Reconciliation Commission; Abridged Version.p.10.
43
ibid. that underpinned atrocities directed to the
44
ibid.
45
ibid. victims of Nyayo House torture chambers. This
46
47
Supra Note 42 at p. 27. will be discussed in section three.
9
Satisfaction: Public Apology and

Acknowledgment of Facts and
Acceptance of Responsibility
In partial fulfilment of the recommendations

by the TJRC , the fourth President of the
Republic of Kenya Uhuru Kenyatta, during his
state of nation address in Parliament on 26th
March 2015 apologised to the victims of Nyayo
House48 alongside other victims of human rights
violations, and urged the Parliament to ‘process
without undue delay’ the report of the TJRC.49
He indicated that he had instructed the Treasury
to establish a reparation fund in the sum of
Kshs. 10 billion that would be directed towards
restorative justice for years 2016-2018.50 The
President’s decree can be construed to mean
the reparation fund is intended to be in addition
to the reparation recommendations by the
TJRC. The President decreed, ‘Notwithstanding
the recommendation of the TJRC report, I have
instructed the Treasury to establish a Fund of
10 billion shillings over the next three years to
be used for restorative justice.’51
To-date the most tangible reparation that victims

of Nyayo House torture chambers have secured
for themselves is in form of compensation
following suits they filed in court.
48
http://www.president.go.ke/2015/03/26/speech-by-his-excellency-hon-uhu-
ru-kenyatta-c-g-h-president-and-commander-in-chief-of-the-defence-forces-
of-the-republic-of-kenya-during-the-state-of-the-nation-address-at-parliament-
buildings-na/. Para. 85 of the Speech [accessed on 2nd November 2016].
49
Supra Note 48 at. Para.78.
50
Supra Note 48 at Para. 83.
51
ibid.
10
FOOTPRINTS OF
Compensations to Nyayo House Torture Chambers Victims
The first cases for compensation were filed in by the government’s agents and officers and
2003 by the victims of Nyayo House which set as such they should be compensated and
the pace of subsequent similar cases. In a bid awarded payment in form general damages
to aid the court in awarding damages to the and exemplary damages. So precisely, what is
victims of Nyayo House, one of them James H. the difference between general and exemplary
Gitau Mwara petitioned the court to preserve the damages? The Black’s Law Dictionary defines,
Nyayo House torture chambers. Accordingly, ‘the exemplary damages are punitive damages
the Court in James H. Gitau Mwara vs. Attorney meant to punish the defendant and deter
General, Miscellaneous Application No. 56 of others.’ and ‘ general damages are monetary
200552 ordered the government to preserve the recovery for damages and injuries (such as
Nyayo House torture chambers so that future pain suffering, and inability to perform certain
trial courts could take the best evidence at the functions) that directly result from action or
scene of the torture.’ It is instructive to note that failure to take action of the defendant .’
this order was made prior to the establishment
and inquiry by TJRC which recommended Majority of petitioners who filed cases that were
Nyayo House torture chambers be preserved determined prior to the promulgation of the
as a memorial. At the time of conducting this Constitution of Kenya, 2010 were awarded both
research in September-October 2016 the general and exemplary damages where they
memorial had not yet been established. It is claimed for such damages. In stark contrast,
also worth noting that there was a surge of petitioners whose cases were finalised under
such cases after TJRC was established and the the ‘new’ constitutional dispensation were not
Constitution of Kenya, 2010 was promulgated awarded exemplary damages, notwithstanding
on 27th August 2010.53 their claims for this damages. The Kenyan
courts rationalised that given the change
The victims of Nyayo House torture chambers of regime and the promulgation of ‘new’
sued the government of Kenya enjoining the transformative Constitution, which has a high
Attorney General as the legal representative of threshold for safeguard of fundamental rights
the government. In their petitions, the victims and freedoms, there was no justification for
alleged violation of their fundamental rights imposing exemplary damages against the
and freedoms that were guaranteed under Kenyan government. Examples of such cases
the Repealed Constitution, namely Section 72 are, Benedict Munene Kariuki & 14 Others vs.
on protection of rights to personal liberty, and Attorney General Petition No.722 of 200954,
Section 74(1) on freedom from torture, inhuman and Dominic Arony Amolo vs. Attorney General
and degrading treatment or punishment. Miscellaneous Application No. 494 of 200355
Accordingly, they sought a declaration that their where the court in awarding global damages
fundamental rights and freedoms were violated
James H. Gitau Mwara vs. Attorney General (unreported).

52
See Kenya Law Reports, http://kenyalaw.org/caselaw/ [accessed 13th

53
Unreported.
54
February 2017]. Unreported.

55
11
to the petitions noted that exemplary damages

cannot be awarded in changed political
circumstances. Although it is worth pointing
out the exceptional case of Cornelius Akelo
Onyango vs. Attorney General, Petition No. 233
of 200956 that was concluded in 2011 under the
new constitutional dispensation and in which
the petitioners were awarded both general and
exemplary damages as prayed for.
This research revealed that 126 suits were filed

against the government by victims of Nyayo
House. For ease of reference these cases are
categorised into three types in this report. The
first type of cases are ones that were filed by
victims who were tortured at Nyayo House and
were compensated by the courts; these cases
total up to 117. The second type are cases that
were filed by the estate of the victims tortured
at Nyayo House and were compensated by
courts; these cases total up to 4. The third type
are cases that were filed by victims were not
tortured at Nyayo House but filed alongside the
victims tortured at Nyayo House; these cases
were consolidated with the ones of Nyayo House
victims and total up to 5. These latter cases
are highlighted by placing the mark (#) on the
words other victims # in the sections below.
This report distinguishes cases in which the

victims pleaded guilty to the charges preferred
against them after being tortured and threatened
with dire consequences should they enter a plea
of not guilty when arraigned in court, by placing
this mark (*) against the words plea of guilty *
or pleaded guilty* in those cases.
Unreported.
56
12
FOOTPRINTS OF
Compensation to the victims tortured at Nyayo House
1. Njuguna Githiru was held and tortured in August 1990. Thereafter, he was
at Nyayo House for eight (8) days in released from Nyayo House without
April 1989. Thereafter, he was released any charges being preferred against
from Nyayo House without any charges him. He filed a suit, Philip Ngumo
being preferred against him. He filed Gachoka vs. Attorney General, Petition
a suit, Njuguna Githiru vs. Attorney 68 of 201159 at the Constitutional
General, Petition No.204 of 201357 at and Human Rights Division of the
the Constitutional and Human Rights High Court of Kenya in Nairobi, for a
Division of the High Court of Kenya declaration that his fundamental rights
in Nairobi, for a declaration that his and freedoms were violated and to be
fundamental rights and freedoms compensated for those violations. He
were violated and to be compensated was awarded general damages in the
for those violations. He was awarded sum of Kshs. 1,100,000.
general damages in the sum of Kshs.
1,000,000. 4. Pius John Njogu Nguo was held and
tortured at Kamkunji Police Station
2. Jaoko Noo Ooro was held and and thereafter at Nyayo Torture for 23
tortured at various police stations days in July 1990. Thereafter, he was
and subsequently at Nyayo House released from Nyayo House without
for 14 days in April 1989. Thereafter, any charges being preferred against
he was released from Nyayo House him. He filed a suit, Pius John Njogu
without any charges being preferred Nguo vs. Attorney General, Petition
against him. He filed a suit, Jaoko Noo 36 of 201160 at the Constitutional
Ooro vs. Attorney General, Petition and Human Rights Division of the
133 of 201158 at the Constitutional High Court of Kenya in Nairobi, for a
and Human Rights Division of the declaration that his fundamental rights
High Court of Kenya in Nairobi, for a and freedoms were violated and to be
declaration that his fundamental rights compensated for those violations. He
and freedoms were violated and to be was awarded general damages in the
compensated for those violations. He sum of Kshs. 850,000.
was awarded general damages in the
sum of Kshs. 700,000. 5. Samson Wendot Kimoi was held
incommunicado at Spring Valley
3. Philip Ngumo Gachoka was held and Police Station and thereafter held and
tortured at various police stations and tortured at Nyayo House for 28 days in
as well at Nyayo House for 22 days July 1990, after which he was released
without any charges preferred against
Njuguna Githiru vs. Attorney General [2016] eKLR.
57
Jaoko Noo Ooro & 5 Others vs. Attorney General [2013] eKLR. (Petition
58
No.133 of 2011 consolidated with Petition Nos. 68 of 2011, 37 of 2010, 36 of ibid.

59
2011, 35 of 2010 and 36 of 2010). ibid.

60
13
him. He filed a suit, Samson Wendot her fundamental rights and freedoms
Kimoi vs. Attorney General, Petition were violated and to be compensated
37 of 201061 at the Constitutional for those violations. She was awarded
and Human Rights Division of the general damages in the sum of Kshs.
High Court of Kenya in Nairobi, for a 250,000.
declaration that his fundamental rights
and freedoms were violated and to be 7. James Mwaura Mugo was held and
compensated for those violations. He tortured at Nyayo House for 30 days
was awarded general damages in the in October 1986. Thereafter he was
sum of Kshs. 1,400,000. released without any charges being
preferred against him. He filed a suit,
6. Susan Wangui Mirugi, the wife of late James Mwaura Mugo vs. Attorney
Mirugi Kariuki filed a suit claiming General, Petition 36 of 201063 at the
psychological torture and trauma Constitutional and Human Rights
inflicted upon her and her children by Division of the High Court of Kenya
the Moi government by virtue of being in Nairobi, for a declaration that his
a spouse to a man who had been fundamental rights and freedoms
marked anti-government during the were violated and to be compensated
period 1986 -1990. During the period for those violations. He was awarded
she was a nurse in a government general damages in the sum of Kshs.
hospital. Due to her husband’s 850,000.
activities, as a castigation she was
transferred from Rift Valley to Central, 8. Koigi Wamwere was held and
her salary was held for six(6) months, tortured at Nyayo House for 11 days.
she was ostracised by colleagues who Subsequently he was charged with the
had been warned to disassociate with offence of treason and held in detention
her, and one of her children was denied for 2 years and 2 months after which
admission in a public school because the Attorney General entered nolle
the father’s anti-government activities. prosequi, effectively dropping the
On two occasions police officers charges preferred against him. He
arrested her husband and invaded filed a suit Koigi Wamwere vs. Attorney
their home during which the officers General, Petition 737 of 200964, at
destroyed important documents such the High Court of Kenya in Nairobi
as birth certificates. The officers also for a declaration that his fundamental
carted away important documents. She rights and freedoms were violated
filed a suit, Susan Wangui Mirugi vs. and to be compensated for those
Attorney General, Petition 35 of 201062 violations. In the suit the petitioner
at the Constitutional and Human also sought compensation for having
Rights Division of the High Court of been detained without trial in August
Kenya in Nairobi, for a declaration that 1975 to December 1978 and as well in
61
ibid. 63
ibid.
62
ibid. 64
Koigi Wamwere vs. Attorney General [2012] eKLR.
14
FOOTPRINTS OF
August 1982 to December 1984. The 1187 of 200367, at the High Court of
petitioner was awarded a global award Kenya in Nairobi for a declaration that
of Kshs. 2,500,000 but filed an appeal, his fundamental rights and freedoms
Koigi Wamwere vs. Attorney General, were violated and to be compensated
Civil Appeal No. 86 of 201365 to have for those violations. He was awarded
the award enhanced. Accordingly, the general damages in the sum of Kshs.
Court of Appeal enhanced the award to 1, 500,000.
Kshs. 12,000,000.
11. Ali Cheptegei Saikwa was held
9. Harun Thungu Wakaba was held and tortured at Nyayo House for 34
and tortured at Nyayo House for 21 days in September- October 1987.
days in October-November 1990 Thereafter, after 61 days of being held
and remanded for two and half (2 in incommunicado he was charged
½) years on charges of treason that with the offence of being a member of
subsequently the Attorney General unlawful association, and sentenced to
entered a nolle prosequi on 24 June serve 3 years imprisonment. He filed a
1992, effectively dropping the charges suit Ali Cheptegei Salkwa vs. Attorney
preferred against him. He filed a suit, General Miscellaneous. Application.
Harun Thungu Wakaba vs. Attorney No. 35 of 200568, at the High Court of
General, Miscellaneous Application Kenya in Nairobi for a declaration that
1411 of 200466 at the High Court of his fundamental rights and freedoms
Kenya in Nairobi for a declaration that were violated and to be compensated
his fundamental rights and freedoms for those violations. He was awarded
were violated and to be compensated general damages in the sum of Kshs.
for those violations. He was awarded 2, 500,000.
3,000,000. 12. James Mwangi Kariuki was held and
tortured at Nyayo House for 43 days
10. Samuel Kaberere Njenga was held in June- July 1986, during which he
and tortured at Nyayo House for 14 lost his memory and was given medical
days in November 1987. Thereafter attention but continue to be confined
he was released without any charges in Nyayo House basement then
preferred against him. He filed a suit, released after 30 days with no charges
Samuel Kaberere Njenga vs. Attorney preferred against him. He filed a suit
General Constitutional Reference No. James Mwangi Kariuki vs. Attorney
General, Miscellaneous. Application.
65
66
Koigi Wamwere vs. Attorney General [2015] eKLR.
Harun Thungu Wakaba & 20 Others vs. Attorney General [2010] eKLR.( Misc.
No. 36 of 200569, at the High Court of
Application No.1411 of 2004 consolidated with Constitutional Ref. No 1187
of 2003, Misc. Application No.35 of 2005, Misc. Application No.36 of 2005,
Kenya in Nairobi for a declaration that
Misc. Application No.37 of 2005, Misc. Application No.1311 of 2004, Misc.
Application No.1309 of 2005, Misc. Application No.1310 of 2005, Misc. Appli-
his fundamental rights and freedoms
cation No. 1312 of 2005, Misc. Application No.1313 of 2005, Misc. Application
No.34 of 2005, Misc. Application No.1734 of 2004, Misc. Application No.1741 were violated and to be compensated
of 2004, Misc. Application No.1744 of 2004, Misc. Application No. 1742 of
2004, Misc. Application No.1745 of 2004, Misc. Application No.56 of 2004, 67
ibid.
Misc. Application No. 409 of 2004, Misc. Application No.1183 of 2003, Misc. 68
ibid.
Application No.1182 of 2003, and Misc. Application No.1189 of 2003. 69
ibid.
15
for those violations. He was awarded for which he was sentenced to serve
general damages in the sum of Kshs. 7 years imprisonment. He appealed
2, 200,000. against the sentence. He filed a suit
against the government, Edward
13. Paul Amina was held and tortured Akongo Oyugi vs. Attorney General,
at Nyayo House for 8 days in August Miscellaneous. Application. No. 1309
1987 and subsequently detained at of 200572, at the High Court of Kenya
Kamiti Maximum Security Prison for in Nairobi for a declaration that his
6 months. He filed a suit Paul Amina fundamental rights and freedoms
vs. Attorney General, Miscellaneous. were violated and to be compensated
Application. No. 37 of 200570, at the for those violations. He was awarded
High Court of Kenya in Nairobi for a general damages in the sum of Kshs.
declaration that his fundamental rights 2, 500,000.
and freedoms were violated and to be
compensated for those violations. He 16. Joe Njoroge was held and tortured
was awarded general damages in the at Nyayo House for several days in
sum of Kshs. 1, 500,000. November-December 1990. He was
charged with the offence of importing
14. Silvanus Okech Oduor was held and seditious material, 798 copies of
tortured at Nyayo House for 77 days magazine African Events and detained
in September-December 1986. He for 15 months at Kamiti Maximum
served 6 years of imprisonment at Security Prison after which the Attorney
Kamiti Maximum Security Prison General entered nolle prosequi,
after being convicted on his plea of effectively dropping the charges
guilty* for being a member of unlawful preferred against him. He filed a suit
organisation. He filed a suit Silvanus against the government, Joe Njoroge
Okech Oduor vs. Attorney General, vs. Attorney General, Miscellaneous.
Miscellaneous. Application. No. 1311 Application. No. 1310 of 200573, at the
of 200471, at the High Court of Kenya High Court of Kenya in Nairobi for a
in Nairobi for a declaration that his declaration that his fundamental rights
fundamental rights and freedoms and freedoms were violated and to be
were violated and to be compensated compensated for those violations. He
for those violations. He was awarded was awarded general damages in the
general damages in the sum of Kshs. sum of Kshs. 2,000,000.
2, 500,000.
15. Edward Akongo Oyugi was held and 17. Kiongo Maina was held and tortured
tortured at Nyayo House for 2 ½ at Nyayo House for 26 days in March
weeks in July 1990. He was charged 1986. He was charged with the
with the offence of treason that was offence of being a member of unlawful
later reduced to a charge of sedition organisation and sentenced to serve
70
ibid. 72
ibid.
71
ibid. 73
ibid.
16
FOOTPRINTS OF
5 years imprisonment on his plea High Court, and on further appealing to

of guilty.* He filed a suit against the the court of appeal his conviction was
government, Kiongo Maina vs. Attorney quashed and the sentence set aside.
General, Miscellaneous. Application. He filed a suit against the government,
No. 1312 of 2005,74 at High Court of Kamonye Manje vs. Attorney General,
Kenya in Nairobi for a declaration that Miscellaneous. Application. No. 34 of
his fundamental rights and freedoms 200576, at the High Court of Kenya
were violated and to be compensated in Nairobi for a declaration that his
for those violations. He was awarded fundamental rights and freedoms
general damages in the sum of Kshs. were violated and to be compensated
2,000,000. for those violations. He was awarded
18. Florence Nyaguthie Murage was 1,500,000.
held and tortured at Nyayo House for
several days in August 1990. She was 20. Munene Kamau was held and tortured
charged with the offence of being in at Nyayo House for several days in
possession of seditious material and 1987. Thereafter he was released
detained for 6 months after which without any charges being preferred
the Attorney General entered nolle against him. He filed a suit against
prosequi, effectively dropping the the government, Munene Kamau
charges preferred against her. She vs. Attorney General, Miscellaneous.
filed a suit against the government, Application. No. 1743 of 200477, at the
Florence Nyaguthie Murage vs. High Court of Kenya in Nairobi for a
Attorney General, Miscellaneous. declaration that his fundamental rights
Application. No. 1313 of 200575, at the and freedoms were violated and to be
High Court of Kenya in Nairobi for a compensated for those violations. He
declaration that her fundamental rights was awarded general damages in the
and freedoms were violated and to be sum of Kshs. 1,000,000.
compensated for those violations. She
was awarded general damages in the 21. Frederick Murage Gathuku was held
sum of Kshs. 1 500,000. and tortured at Nyayo House for many
days in August- September 1986.
19. Kamonye Manje was held and Thereafter he was released without any
tortured at Nyayo House for 13 days charges being preferred against him.
in March 1986. He was charged with He filed a suit against the government,
the offence of being a member of Frederick Murage Gathuku vs.
unlawful organisation and sentenced Attorney General, Miscellaneous.
on his plea of guilty* to serve 5 years Application. No. 1741 of 200478, at the
imprisonment. The sentenced was High Court of Kenya in Nairobi for a
reduced on 3 ½ years on his appeal to declaration that his fundamental rights
76
ibid.
74
ibid. 77
ibid.
75
ibid. 78
ibid.
17
and freedoms were violated and to be 24. Francis Nduthu Karanja was held
compensated for those violations. He and tortured at Nyayo House for
was awarded general damages in the 28 days in January 1987. He was
sum of Kshs. 1,000,000. subsequently charged with the offense
of failing to prevent a felony. He filed
22. Stephen Mulili Kituu was held and a suit against the government, Francis
tortured at Nyayo House for 30 days Nduthu Karanja vs. Attorney General,
in October-November 1989. He was Miscellaneous. Application. No. 1745
charged with the offence of being of 200481, at the High Court of Kenya
a member of unlawful organisation in Nairobi for a declaration that his
and sentenced to serve 4 years fundamental rights and freedoms
imprisonment on his plea of guilty.* were violated and to be compensated
He filed a suit against the government, for those violations. He was awarded
Stephen Mulili Kituu vs. Attorney general damages in the sum of Kshs.
General, Miscellaneous. Application. 2,000,000.
No. 1744 of 200479, at the High Court of
Kenya in Nairobi for a declaration that 25. James H. Gitau Mwara was held and
his fundamental rights and freedoms tortured at Nyayo House for 14 days in
were violated and to be compensated October 1990. He was charged with
for those violations. He was awarded the offence of treason and remanded
general damages in the sum of Kshs. for 2 ½ years at Kamiti Maximum
1,500,000. Security Prison where he continued
to be subjected to torture, inhuman
23. Wilson Nduati Njoroge was held and and degrading treatment. He was
tortured at Nyayo House for 3 days released on 24th June 1992 after
and thereafter held for another 24 the Attorney General entered nolle
days at Muthaiga Police Station in prosequi, effectively dropping the
June-July 1987. Thereafter he was charges preferred against him. He
released without any charges preferred filed a suit against the government,
against him. He filed a suit against the James H. Gitau Mwara vs. Attorney
government, Wilson Nduati Njoroge General, Miscellaneous. Application.
vs. Attorney General, Miscellaneous. No. 56 of 200482, at the High Court of
Application. No. 1742 of 200480, at the Kenya in Nairobi for a declaration that
High Court of Kenya in Nairobi for a his fundamental rights and freedoms
declaration that his fundamental rights were violated and to be compensated
and freedoms were violated and to be for those violations. He was awarded
compensated for those violations. He general damages in the sum of Kshs.
was awarded general damages in the 1,500,000.
sum of Kshs. 1,500,000.
79
ibid. 81
ibid.
80
ibid. 82
ibid.
18
FOOTPRINTS OF
26. George Chitechi Osundwa was held imprisonment. He filed a suit against
and tortured at Nyayo House for 7 days the government, Jackson Maina
in March 1986. Thereafter he was Wangombe vs. Attorney General,
released without any charges preferred Miscellaneous. Application. No. 1182
against him. He filed a suit against the of 200385, at the High Court of Kenya
government, George Chitechi Osundwa in Nairobi for a declaration that his
vs. Attorney General, Miscellaneous. fundamental rights and freedoms
Application. No. 409 of 200483, at the were violated and to be compensated
High Court of Kenya in Nairobi for a for those violations. He was awarded
declaration that his fundamental rights general damages in the sum of Kshs.
and freedoms were violated and to be 2,000,000.
compensated for those violations. He
was awarded general damages in the 29. Peter G. Kihara was held and tortured
sum of Kshs. 1,500,000. at Nyayo House for 69 days in January-
April 1986. He was charged with
27. Zachariah Kariuki Mwati was held and the offence of being in possession of
tortured at Nyayo House for 16 days in seditious material and sentenced on
December 1988. He was charged with his plea of guilty* to serve 4 ½ years’
the offences of being in possession imprisonment. After he served his
of seditious material and being a term, he was arrested again, held and
member of unlawful organisation. He tortured at Nyayo House for 14 days
was sentenced on his plea of guilty* to and released without any charges
serve 4 years imprisonment. He filed a being preferred against him. He
suit against the government, Zachariah filed a suit against the government,
Kariuki Mwati vs. Attorney General, Peter G. Kihara vs. Attorney General,
Miscellaneous. Application. No. 1183 Miscellaneous. Application. No. 1189
of 200384, at the High Court of Kenya of 200386, at the High Court of Kenya
in Nairobi for a declaration that his in Nairobi for a declaration that his
fundamental rights and freedoms fundamental rights and freedoms
were violated and to be compensated were violated and to be compensated
for those violations. He was awarded for those violations. He was awarded
general damages in the sum of Kshs. general damages in the sum of Kshs.
2,000,000. 2,500,000.
28. Jackson Maina Wangombe was held 30. Bernard Kihiu Matama was held and
and tortured at Nyayo House for 30 tortured at Nyayo House for 8 days
days in October 1988. He was charged in October 1990 for allegedly being
with the offence of being a member of related to Rumba Kinutha, an advocate
unlawful organisation and sentenced of the High Court of Kenya and critic
on his plea of guilty* to serve 2 years of the then government. Thereafter he
83
ibid.
85
ibid.
84
ibid. 86
ibid.
19
was released without any charges being charges being preferred against her.
preferred against him. He filed a suit She filed a suit against the government,
against the government, Bernard Kihiu Edith Wairimu Kariuki vs. Attorney
Matama vs. Attorney General, Petition. General, Miscellaneous Application
No. 208 of 201387 at the Constitutional No. 41 of 201089, at the Constitutional
and Human Rights Division of the and Human Rights Division of the
High Court of Kenya in Nairobi for a High Court of Kenya in Nairobi for a
declaration that his fundamental rights declaration that her fundamental rights
and freedoms were violated and to be and freedoms were violated and to be
compensated for those violations. He compensated for those violations. She
was awarded general damages in the was awarded general damages in the
sum of Kshs. 400,000. sum of Kshs. 2,000,000.
31. Joseph Ndumia Theuri was held and 33. David Munga Kibiro was held and
tortured at Nyayo House for 14 days tortured at Nyayo House for 19 days in
in October 1989 for allegedly being July 1986 for allegedly being a member
a member of Mwakenya Movement of Mwakenya Movement and released
and released thereafter without any thereafter without any chargers being
charges being preferred against him. preferred against him. He filed a
He filed a suit against the government, suit against the government, David
Joseph Ndumia Theuri vs. Attorney Munga Kibiro vs. Attorney General,
General, Miscellaneous Application Miscellaneous Application No. 42
No. 729 of 200988, at the Constitutional of 201090, at the Constitutional and
and Human Rights Division of the Human Rights Division High Court of
High Court of Kenya in Nairobi for a Kenya in Nairobi for a declaration that
declaration that his fundamental rights his fundamental rights and freedoms
and freedoms were violated and to be were violated and to be compensated
compensated for those violations. He for those violations. He was awarded
was awarded general damages in the general damages in the sum of Kshs.
sum of Kshs. 1,500,000. 500,000.
32. Edith Wairimu Kariuki was held and 34. Oduor Ong’wen was held and tortured
tortured at Nyayo House for 5 days at Nyayo House for 14 days in April
in March 1988 for allegedly being a 1986. He was charged with the offence
follower of Koigi Wamwere-a dissent of sedition and sentenced on his plea of
to the government of the day- and guilty* to serve 4 years imprisonment.
for distributing seditious publication He filed a suit against the government,
Pambana and Mpanishi. She was Oduor Ong’wen vs. Attorney General,
thereafter released without any Miscellaneous Application No. 777
87
Bernard Kihui Matama vs. Attorney General [2015] eKLR.
88
Joseph Ndumia Theuri & 2 Others vs. Attorney General [2013] eKLR. (Misc.
Application No. 729 of 2009 consolidated with Misc. Application No.41 of 2010 89
ibid.
and Misc. Application No.42 of 2009). 90
Joseph Ndumia Theuri vs. Attorney General [2013]eKLR .
20
FOOTPRINTS OF
of 200891, at the High Court of Kenya and sentenced on his plea of guilty*
in Nairobi for a declaration that his to serve 4½ years imprisonment. He
fundamental rights and freedoms filed a suit against the government,
were violated and to be compensated Wilson Awour Ang’onga vs. Attorney
for those violations. He was awarded General, Miscellaneous Application
general damages in the sum of Kshs. No. 779 of 200893, at the High Court of
2,500,000 and exemplary damages in Kenya in Nairobi for a declaration that
the sum of Kshs. 2,000,000. his fundamental rights and freedoms
were violated and to be compensated
35. James Aggrey Akumu was held and for those violations. He was awarded
tortured at Nyayo House for 22 days general damages in the sum of Kshs.
in April 1987. He was charged with 2,500,000 and exemplary damages in
the offences of being a member of the sum of Kshs. 2,000,000.
Mwakenya Movement and failing
to inform the government about 37. Alogo Raila was held and tortured at
Mwakenya Movement, and sentenced Nyayo House for 26 days in October
on his plea of guilty* to serve 3 ½ years 1987-January 1988 and released
imprisonment. He filed a suit against thereafter without any charges being
the government, James Aggrey Akumu preferred against him. He filed a suit
vs. Attorney General, Miscellaneous against the government, Alogo Raila
Application No. 778 of 200892, at the vs. Attorney General, Miscellaneous
High Court of Kenya in Nairobi for a Application No. 781 of 200894, at the
declaration that his fundamental rights High Court of Kenya in Nairobi for a
and freedoms were violated and to declaration that his fundamental rights
be compensated for those violations. and freedoms were violated and to
He was awarded general damages be compensated for those violations.
in the sum of Kshs. 2,500,000 and He was awarded general damages
exemplary damages in the sum of in the sum of Kshs. 2,500,000 and
Kshs. 2,000,000. exemplary damages in the sum of
Kshs 1, 500,000.
36. Wilson Awour Ang’onga was held and
tortured at Nyayo House for 26 days 38. Benjamin Adahi Muhehe was held in
in September-October 1989. He was Kileleshwa for 59 days and thereafter
charged with the offence of being incarcerated and tortured at Nyayo
a member of Mwakenya Movement House for 9 days in April 1989. He
was charged with the offence of being
91
Oduor Ong’wen & 20 Others vs. Attorney General [2011] eKLR(Misc. Appli-
cation No. 777 of 2008 consolidated with Misc. Application No. 778 of 2008,
a member of Mwakenya Movement
Misc. Application No. 779 of 2008, Misc. Application No. 781of 2008, Misc.
Application No. 782 of 2008, Misc. Application No. 785 of 2008, Misc. Appli-
and detained for 3 months. He was
cation No. 786 of 2008, Misc. Application No. 787 of 2008, Misc. Application
No. 788 of 2008, Misc. Application No. 789 of 2008, Misc. Application No. 790
sentenced on his plea of guilty* to
of 2008, Misc. Application No. 791 of 2008, Misc. Application No. 793 of 2008,
Misc. Application No. 794 of 2008, Misc. Application No. 795 of 2008, Misc. serve 1 year imprisonment. He filed a
Application No. 796 of 2008, Misc. Application No. 797 of 2008, Misc. Appli-
cation No.798 of 2008, Misc. Application No. 799 of 2008, Misc. Application
No. 800 and Misc. Application No.801 of 2008. 93
ibid.
92
Ibid. 94
ibid.
21
suit against the government, Benjamin to overthrow government and was

Adahi Muhehe vs. Attorney General, sentenced on his plea of guilty* to
Miscellaneous Application No. 782 serve 7 years imprisonment. He filed
of 200895, at the High Court of Kenya a suit against the government, Edward
in Nairobi for a declaration that his Koigi Kariuki vs. Attorney General,
fundamental rights and freedoms Miscellaneous Application No. 786
were violated and to be compensated of 200897, at the High Court of Kenya
for those violations. He was awarded in Nairobi for a declaration that his
general damages in the sum of Kshs. fundamental rights and freedoms
1, 500,000 and exemplary damages in were violated and to be compensated
the sum of Kshs. 1,000,000. for those violations. He was awarded
39. Gabriel Kariuki Mung’ura was held 2, 500,000 and exemplary damages in
and tortured at Nyayo House for 7 the sum of Kshs. 2,500,000.
days in October 1988 on suspicion
he had to be a member of that 41. Geoffrey Kuria Kariuki was held and
unlawful movement since he was the tortured at Nyayo House for 14 days
father of one Edward Koigi, a young in October 1990 for allegedly being a
university graduate who had earlier member of Kenya Patriotic Front, an
been detained and an uncle of Koigi unlawful organisation. He was charged
Wa Wamwere, who was also facing with the offence of treason and
criminal charges for offence of treason. pleaded not guilty and thus remanded
The petitioner was released without any in solitary confinement for 2 ½ years
charges being preferred against him. at Kamiti Maximum Security Prison
He filed a suit against the government, where he continued to be subjected
Gabriel Kariuki Mung’ura vs. Attorney to cruel and inhuman treatment. He
General, Miscellaneous Application was released on 19th January 1993
No. 785 of 200896, at the High Court of after the Attorney General entered
Kenya in Nairobi for a declaration that nolle prosequi, effectively dropping
his fundamental rights and freedoms the charges preferred against him. He
were violated and to be compensated filed a suit against the government,
for those violations. He was awarded Geoffrey Kuria Kariuki vs. Attorney
general damages in the sum of Kshs. General, Miscellaneous Application
2,500,000 and exemplary damages in No. 787 of 200898, at the High Court of
the sum of Kshs. 2,000,000. Kenya in Nairobi for a declaration that
his fundamental rights and freedoms
40. Edward Koigi Kariuki was held and were violated and to be compensated
tortured at Nyayo House for 10 days for those violations. He was awarded
in August- September 1988. He was general damages in the sum of Kshs.
charged with the offence of planning 3, 500,000 and exemplary damages in
the sum of Kshs. 3,000,000.
95
ibid. 97
ibid.
96
ibid. 98
ibid.
22
FOOTPRINTS OF
42. Milton Chege Kimani was held and 3, 500,000 and exemplary damages in
tortured at Nyayo House for 21 days the sum of Kshs. 3,000,000.
in August- September 1988. He was
charged with the offence of being 44. Njuguna Mutonya was held and
a member of Kenya Patriotic Front, tortured at Nyayo House for 10 days
an unlawful organisation and was in April-May 1986 for allegedly being
sentenced on his plea of guilty* to a member of Mwakenya Movement,
serve 7 years imprisonment. He filed an unlawful organisation. He was
a suit against the government, Milton charged with the offence of being in
Chege Kimani vs. Attorney General, possession of seditious publication
Miscellaneous Application No. 788 and was sentenced on his plea of
of 200899, at the High Court of Kenya guilty* to serve 4 years imprisonment.
in Nairobi for a declaration that his He filed a suit against the government,
fundamental rights and freedoms Njuguna Mutonya vs. Attorney General,
were violated and to be compensated Miscellaneous Application No. 790 of
for those violations. He was awarded 2008101, at the High Court of Kenya
general damages in the sum of Kshs. in Nairobi for a declaration that his
3,500,000 and exemplary damages in fundamental rights and freedoms
the sum of Kshs. 3,000,000. were violated and to be compensated
for those violations. He was awarded
43. Gibson Maina Kimani was held and general damages in the sum of Kshs.
tortured at Nyayo House for 16 days in 2, 500,000 and exemplary damages in
August-September 1988 for allegedly the sum of Kshs. 2,000,000.
being a member of Kenya Patriotic
Front, an unlawful organisation. He 45. Wanderi Muthigani was held and
was charged with the offence of being tortured at Nyayo House for 7 days
in possession of seditious material in May 1986 for allegedly being a
and was sentenced on his plea of member of Mwakenya Movement, an
guilty*to serve 7 years imprisonment. unlawful organisation. He was charged
On appeal, his sentence was reduced with the offence of being in possession
to 5 years imprisonment. He filed a of Pambana, seditious publication, and
suit against the government, Gibson was sentenced on his plea of guilty* to
Maina Kimani vs. Attorney General, serve 15 months imprisonment. He
Miscellaneous Application No. 789 of filed a suit against the government,
2008100, at the High Court of Kenya Wanderi Muthigani vs. Attorney
in Nairobi for a declaration that his General, Miscellaneous Application
fundamental rights and freedoms No. 791 of 2008102, at the High Court of
were violated and to be compensated Kenya in Nairobi for a declaration that
for those violations. He was awarded his fundamental rights and freedoms
99
ibid. 101
ibid.
100
ibid. 102
ibid.
23
for those violations. He was awarded be compensated for those violations.

general damages in the sum of Kshs. He was awarded general damages
2,000,000 and exemplary damages in in the sum of Kshs. 1, 500,000 and
the sum of Kshs. 1,500,000. exemplary damages in the sum of
Kshs. 1,000,000.
46. Peter Njuguna Ndingo was held and
tortured at Nyayo House for 15 days in 48. James Mwangi Kahiri was held and
March-April 1986 for allegedly being a tortured at Nyayo House for 14 days
member of Mwakenya Movement, an in November-December 1986 for
unlawful organisation. He was charged allegedly failing to prevent publication
with the offence of being in possession and distribution of Mpatanishi,
of seditious publication and was a seditious publication. He was
sentenced on his plea of guilty* to charged with the offence of failing to
serve 4 years imprisonment. He filed prevent publication and distribution of
a suit against the government, Peter Mpatanishi, a seditious publication and
Njuguna Ndingo vs. Attorney General, was sentenced on his plea of guilty* to
Miscellaneous Application No. 793 of serve 15 months imprisonment. He
2008103, at the High Court of Kenya filed a suit against the government,
in Nairobi for a declaration that his James Mwangi Kahiri vs. Attorney
fundamental rights and freedoms General, Miscellaneous Application
were violated and to be compensated No. 795 of 2008105, at the High Court of
for those violations. He was awarded Kenya in Nairobi for a declaration that
general damages in the sum of Kshs. his fundamental rights and freedoms
2, 500,000 and exemplary damages in were violated and to be compensated
the sum of Kshs. 2,000,000. for those violations. He was awarded
47. George John Njenga Wainaina was 2,000,000 and exemplary damages in
held and tortured at Nyayo House the sum of Kshs. 1,500,000.
for 54 days in April- July 1987 for
allegedly being a member of Mwakenya 49. Bernard Wanjohi Kinga was held
Movement, an unlawful organisation and tortured at Nyayo House for 17
and engaging in anti-government days in June- July 1986 for allegedly
activities. He was released thereafter. being a member of Mwakenya
He filed a suit against the government, Movement, an unlawful organisation.
George John Njenga Wainaina vs. He was released thereafter without any
Attorney General, Miscellaneous charges preferred against him. He filed
Application No. 794 of 2008104, at the a suit against the government, Bernard
High Court of Kenya in Nairobi for a Wanjohi Kinga vs. Attorney General,
declaration that his fundamental rights Miscellaneous Application No. 796 of
and freedoms were violated and to 2008106, at the High Court of Kenya
103
ibid. 105
ibid.
104
ibid. 106
ibid.
24
FOOTPRINTS OF
in Nairobi for a declaration that his No. 798 of 2008108, at the High Court of
fundamental rights and freedoms Kenya in Nairobi for a declaration that
were violated and to be compensated his fundamental rights and freedoms
for those violations. He was awarded were violated and to be compensated
general damages in the sum of Kshs. for those violations. He was awarded
1, 500,000 and exemplary damages in general damages in the sum of Kshs.
the sum of Kshs. 1,000,000. 2,000,000 and exemplary damages in
50. Francis Chege Kahiga was held
and tortured at Nyayo House for 18 52. Andrew Muindi Naulika was held and
days in December 1986 to compel tortured at Nyayo House for 19 days
him to disclose ‘what he knew about in February-March 1991 allegedly
Mwakenya Movement, an unlawful for being involved in the activities
organisation. He was charged with of February Eighteen Movement,
the offences of taking an unlawful an unlawful organisation. He was
oath and failing to prevent a felony. thereafter released with no charges
He was sentenced to serve 5 ½ years being preferred against him but was
imprisonment on his own plea of guilty. placed under supervision of his local
He filed a suit against the government, police station where he was required
Francis Chege Kahiga vs. Attorney to report after every 2 weeks. He filed
General, Miscellaneous Application a suit against the government, Andrew
No. 797 of 2008107, at the High Court of Muindi Naulika vs. Attorney General,
Kenya in Nairobi for a declaration that Miscellaneous Application No. 799 of
his fundamental rights and freedoms 2008109, at the High Court of Kenya
were violated and to be compensated in Nairobi for a declaration that his
for those violations. He was awarded fundamental rights and freedoms
3,000,000 and exemplary damages in for those violations. He was awarded
the sum of Kshs. 3,000,000. general damages in the sum of Kshs.
3, 500,000 and exemplary damages in
51. George Kwanyah Odidi was held and the sum of Kshs. 3,000,000.
tortured at Nyayo House for 54 days in
February-April 1987 allegedly for being
in communication with one Osumba 53. Robert Wafula Buke was held and
who was based in London where he had tortured at Nyayo House for 15 days
undertaken his undergraduate studies. in November 1987 allegedly for being
He was thereafter released with no involved in anti-government activities.
charges being preferred against him. He was charged for the offences of
He filed a suit against the government, espionage against the government
George Kwanyah Odidi vs. Attorney of Kenya and engaging in acts
General, Miscellaneous Application
108
ibid.
107
ibid. 109
ibid.
25
prejudicial to the interest of Kenya. her to disclose the whereabouts of her

He was sentenced to serve 5 years husband, who allegedly had escape to
imprisonment on his plea of guilty*. Uganda to avoid being a witness against
He filed a suit against the government, Koigi Wamwere and other persons that
Robert Wafula Buke vs. Attorney had been charged with the offence of
General, Miscellaneous Application treason. She was released from Nyayo
No. 800 of 2008110, at the High Court of House after no charges were preferred
Kenya in Nairobi for a declaration that against her. She filed a suit against
his fundamental rights and freedoms the government, Jennifer Muthoni
were violated and to be compensated Njoroge vs. Republic, Petition. No.
for those violations. He was awarded 340 of 2009112, at the High Court of
general damages in the sum of Kshs. Kenya in Nairobi for a declaration that
3,500,000 and exemplary damages in her fundamental rights and freedoms
the sum of Kshs. 3,000,000. were violated and to be compensated
for those violations. She was awarded
54. Philip Wanjau Kahiu was held and general damages in the sum of Kshs.
tortured at various police stations 1, 500,000.
and as well at Nyayo House for many
days in 1989 for allegedly for being a 56. Njoroge King’ori was held and tortured
member of Kenya Patriotic Front, an at Nyayo House for 22 days in October
unlawful organisation. He was also 1990 for allegedly working with Koigi
tortured for allegedly harboring guerilla Wamwere Rumba Kinuthia and Mirugi
and transporting firearms. He was Kariuki to overthrow the Government
released from Nyayo House after no of Kenya and other persons that had
charges were preferred against him. been charged with the offence of
He filed a suit against the government, treason. He was released from Nyayo
Philip Wanjau Kahiu vs. Attorney House after no charges were preferred
General, Miscellaneous Application against him. He filed a suit against
No. 801 of 2008111, at the High Court of the government, Njoroge King’ori vs.
Kenya in Nairobi for a declaration that Republic, Petition. No. 341 of 2009113,
his fundamental rights and freedoms at the High Court of Kenya in Nairobi
were violated and to be compensated for a declaration that his fundamental
for those violations. He was awarded rights and freedoms were violated and
general damages in the sum of Kshs. to be compensated for those violations.
2, 500,000 and exemplary damages in He was awarded general damages in
the sum of Kshs. 2,000,000. the sum of Kshs. 2, 500,000.
55. Jennifer Muthoni Njoroge was held

and tortured at Nyayo House for 7
112
Jennifer Muthoni Njoroge & 9 Others vs. Attorney General [2012] eKLR (Pe-
days in November 1990 to compel tition No. 340 of 2009 consolidated with Petition No. 341 of 2009, Petition
No.342 of 2009, Petition No.343 of 2009, Petition No. 344/2009, Petition
No. 345 of 2009, Petition No.346 of 2009, Petition No.347 of 2009, Petition
110
ibid. No.348 of 2009, and Petition No 350 of 2009.
111
ibid. 113
ibid.
26
FOOTPRINTS OF
57. Thomas Kanyi King’ ori was held and He was thereafter released from Nyayo
tortured at Nyayo House for 18 days House after no charges were preferred
in November 1990 to compel him to against him. He filed a suit against
disclose the whereabouts of his brother, the government, Josphat Munene
Njoroge King’ori (of Njoroge King’ori vs. Warui vs. Republic, Petition No. 344
Attorney General, Petition. No. 341 of of 2009116, at the High Court of Kenya
2009), and as well of Koigi Wamwere, in Nairobi for a declaration that his
Rumba Kinuthia and Mirugi Kariuki. fundamental rights and freedoms
Thomas was released from Nyayo were violated and to be compensated
House after no charges were preferred for those violations. He was awarded
against him. He filed a suit against the general damages in the sum of Kshs.
government, Thomas Kanyi King’ori vs. 6,000,000.
Republic, Petition No. 342 of 2009,114
at the High Court of Kenya in Nairobi 60. James Muruga Wamburu was held and
for a declaration that his fundamental tortured at Nyayo House for 14 days
rights and freedoms were violated and in August-September 1988 allegedly
to be compensated for those violations. for being associated with Mwakenya
He was awarded general damages in Movement, an unlawful organisation.
the sum of Kshs. 2,000,000. He was thereafter released from Nyayo
House after no charges were preferred
58. James Mwangi Kariithi was held against him. He filed a suit against
and tortured at Nyayo House for 19 the government, James Muruga
days in October-November 1990. He Wamburu vs. Republic, Petition No.
was thereafter released from Nyayo 345 of 2009117, at the High Court of
House after no charges were preferred Kenya in Nairobi for a declaration that
against him. He filed a suit against the his fundamental rights and freedoms
government, James Mwangi Kariithi vs. were violated and to be compensated
Republic, Petition No. 343 of 2009115, for those violations. He was awarded
at the High Court of Kenya in Nairobi general damages in the sum of Kshs.
for a declaration that his fundamental 2,000,000.
rights and freedoms were violated and
to be compensated for those violations. 61. Gacheche wa Miano was held and
He was awarded general damages in tortured at Nyayo House for 70 days
the sum of Kshs. 2,000,000. in April-June 1986 allegedly for being
associated with Mwakenya Movement,
59. Josphat Munene Warui was held an unlawful organisation. He was
and tortured at Nyayo House for 83 thereafter released from Nyayo House
days in March-June 1984 allegedly after no charges were preferred
for being a member of Mwakenya against him. He filed a suit against the
Movement, an unlawful organisation. government, Gacheche wa Miano vs.
114
ibid. 116
ibid.
115
ibid. 117
ibid.
27
Republic, Petition No. 346 of 2009118, for a declaration that his fundamental
at the High Court of Kenya in Nairobi rights and freedoms were violated and
for a declaration that his fundamental to be compensated for those violations.
rights and freedoms were violated and He was awarded general damages in
to be compensated for those violations. the sum of Kshs. 2,650,000.
He was awarded general damages in
the sum of Kshs. 5, 500,000. 64. Charles Kuria Wamwere was held and
tortured at Nyayo House for 11 days in
62. Odindo Opiata was held and tortured September 1990 on allegation of being
at Nyayo House for 14 days in a member of Mwakenya Movement,
March-April 1986 allegedly for being an unlawful organisation. He was
associated with Mwakenya Movement, charged with the offence of being
an unlawful organisation. He was a member of unlawful organisation
charged with the offence of being in and was sentenced to serve 4 years
possession of seditious publication imprisonment on his plea of guilty.*
and was sentenced to serve 4 years He filed a suit against the government,
imprisonment on his plea of guilty.*He Charles Kuria Wamwere vs. Republic,
filed a suit against the government, Petition No. 348 of 2009121, at the
Odindo Opiata vs. Republic, Petition High Court of Kenya in Nairobi for a
No. 347 of 2009119, at the High Court of declaration that his fundamental rights
Kenya in Nairobi for a declaration that and freedoms were violated and to be
his fundamental rights and freedoms compensated for those violations. He
were violated and to be compensated was awarded general damages in the
for those violations. He was awarded sum of Kshs. 1, 500,000.
1,750,000 65. Kimunya Kamana was held and
tortured at Nyayo House for 30 days
63. Kimani wa Nyoike was held and in January 1987 on allegation of being
tortured at Nyayo House for 28 days in a member of Mwakenya Movement,
September-October 1988 on allegation an unlawful organisation. He was
of being a member of Mwakenya charged with the offence of being
Movement, an unlawful organisation. a member of unlawful organisation
He was charged with the offence of and was sentenced to serve 4 years
concealing a felony and was sentenced imprisonment on his plea of guilty.*
to serve 20 months imprisonment on He filed a suit against the government,
his plea of guilty.* He filed a suit against Kimunya Kamana vs. Republic,
the government, Kimani wa Nyoike vs. Petition No. 350 of 2009122, at the
Republic, Petition No. 348 of 2009120, High Court of Kenya in Nairobi for a
at the High Court of Kenya in Nairobi declaration that his fundamental rights
and freedoms were violated and to be
118
ibid.
119
ibid. 121
ibid.
120
ibid. 122
ibid.
28
FOOTPRINTS OF
compensated for those violations. He Ombwayo Odiero vs. Minister for State
was awarded general damages in the for Provincial Administration & Internal
sum of Kshs. 3,000,000. Security & 3 Others, Petition No.9 of
2012124, at the High Court of Kenya in
66. Maurice Justice Adongo was held Kisumu: he sought a declaration that
and tortured at Nyayo House for 78 his fundamental rights and freedoms
days on diverse dates in 1982 and were violated and to be compensated
again in 1986 on allegation of being for those violations. He was awarded
a member of Mwakenya Movement, general damages in the sum of Kshs.
an unlawful organisation. He was 5,000,000.
charged with the offence of being in
possession of seditious publication 68. Paul Kamau Waweru was held and
and was sentenced to serve 15 months tortured at various cells in police station
imprisonment on his plea of guilty.* He as well Nyayo House for 31 days in
filed a suit against the government, March–May 1987 allegedly for being
Maurice Justice Adongo vs. Attorney a member of Mwakenya Movement.
General, Petition No. 240 of 2009123, He was thereafter released without any
at the Constitutional and Human charge being preferred against him.
Rights Division of the High Court of He filed a suit against the government,
Kenya in Nairobi for a declaration that Paul Kamau Waweru vs. Attorney
his fundamental rights and freedoms General, Petition No. 183 of 2011125,
were violated and to be compensated at the Constitutional and Human
for those violations. He was awarded Rights Division of the High Court of
general damages in the sum of Kshs. Kenya in Nairobi for a declaration that
4,000,000. his fundamental rights and freedoms
were violated and to be compensated
67. Hezbon Ombwayo Odiero was held for those violations. He was awarded
and tortured at various police stations general damages in the sum of Kshs.
and as well at Nyayo House for 2 years 2,000,000.
and 8 months as from August 1982
on allegation of trying to overthrow the 69. James Omwenga Achira was held
government. Given he was a military and tortured at Nyayo House for 42
officer at the material time he was days in December 1986-January
tried at court martial and his services 1987 allegedly for being a member of
terminated. He filed a suit against the Mwakenya Movement. He was charged
government enjoining Minister for State with the offence of being a member of
for Provincial Administration & Internal unlawful organisation and sentenced to
Security, Ministry of Defence, the serve 2 years imprisonment on his plea
Attorney General and the Ministry of of guilty.* He filed a suit against the
Home Affairs as respondents, Hezbon
Hezbon Ombwayo Odiero vs. Minister for State for Provincial Administration
124
& Internal Security & 3 Others [2016] eKLR.

123
Maurice Justice Adongo vs. Attorney General [2014] eKLR. Paul Kamau Waweru & Another vs. Attorney General [2014] eKLR.
125
29
government, James Omwenga Achira Security Prison under deplorable

vs. Attorney General, Petition No. conditions and subjected to inhuman
242 of 2009126, at the Constitutional and cruel treatment for several days.
and Human Rights Division of the Once again, in 1991 he was held
High Court of Kenya in Nairobi for a incommunicado for many days at Jomo
declaration that his fundamental rights Kenyatta International Airport police
and freedoms were violated and to be cells and charged with the offence
compensated for those violations. He of sedition, on account on articles he
was awarded general damages in the published in his magazine the Nairobi
sum of Kshs. 2,500,000. Law Monthly. During his trial for the
offence of sedition he was denied bail
70. Gitobu Imanyara’s fundamental and remanded at Kamiti Maximum
rights and freedoms were violated by Security Prison for several days under
the government between the period deplorable conditions and subjected to
1982 and 1992. In 1982 Gitobu was cruel and inhuman treatment. He filed
victimised for providing legal services to a suit against the government, Gitobu
military officers who had been charged Imanyara vs. Attorney General, Petition
with offences of mutiny and treason No. 78 of 2010127, at the Constitutional
following attempted coup in 1982. and Human Rights Division of the
Gitobu was charged and sentenced to High Court of Kenya in Nairobi for a
serve for 5 years for allegedly holding declaration that his fundamental rights
onto of his client’s money during and freedoms were violated by the
which he was denied bail and the government during the period 1982
right to secure legal representation and 1992 and to be compensated
in violation of his constitutional rights for those violations. He was awarded
enshrined Section 72 of the Repealed general damages in the sum of Kshs.
Constitution. When he successfully 15,000,000.
appealed against this charges, upon
the State’s instigation he was struck 71. Wachira Weheire was held and
off the roll of advocates and his family tortured by Nyayo House for 16 days
evicted from their home that he had in December 1986. He was charged
bought from government’s corporation, with the offences of failing to prevent
Housing Finance Corporation of Kenya. a felony and being a member of
In July 1990 Gitobu was held and an unlawful organisation. He was
tortured at Nyayo House for 10 days sentenced to serve 4 years and 18
for his advocacy work that called for months imprisonment on his plea
integration of democracy, rule of law of guilty.* He filed a suit against the
and constitutionalism in Kenya. After government, Wachira Weheire vs.
he was released from Nyayo House, Attorney General, Petition No. 1184
he was detained in Kamiti Maximum
Gitobu Imanyara & 2 Others vs. Attorney General [2013] eKLR. (Petition
127
No. 78 of 2009 consolidated with Petition No. 80 of 2010 and Petition No.
126
James Omwenga Achira & Another vs. Attorney General [2012] eKLR. 81 of 2010).
30
FOOTPRINTS OF
of 2003128, at the High Court of Kenya were violated by the government and
in Nairobi for a declaration that his to be compensated for those violations.
fundamental rights and freedoms were He was awarded global damages in
violated by the government and to be the sum of Kshs. 5,000,000. The court
compensated for those violations. He ordered the Attorney General to pay
was awarded general damages in the him Kshs. 940,000 that was taken
sum of Kshs. 2,500,000. from him.
72. Odungi Randa Ong’ombe was held and 74. Alex J Wagunya Kaggiri was held and
tortured at Nyayo House for 17 days in tortured at Nyayo House for 17 days
December 1986 for allegedly being a in September-October 1988 for being
member of Mwakenya Movement. He a member of Kenya Patriotic Front
was charged with the offence of being and being in possession of seditious
a member of an unlawful organisation material. Thereafter he was released
and sentenced to serve 4 years without any charges preferred against
imprisonment on his plea of guilty.* him. He filed a suit against the
He filed a suit against the government, government, Alex J Wagunya Kaggiri
Odungi Randa Ong’ombe vs. Attorney vs. Attorney General, Petition No. 1
General, Petition No. 780 of 2008129, at of 2010131, at the High Court of Kenya
the High Court of Kenya in Nairobi for a in Nairobi for a declaration that his
declaration that his fundamental rights fundamental rights and freedoms were
and freedoms were violated by the violated by the government and to be
government and to be compensated compensated for those violations. He
for those violations. He was awarded was awarded global damages in the
general damages in the sum of Kshs. sum of Kshs. 2,000,000.
2,000,000.
75. David Njunguna Wanyoike was held
73. Said Fondo Kalume was held and and tortured at Nyayo House for 29
tortured at Nyayo House for 69 days days in October-November 1986
in November 1989-March 1990 for for allegedly being in possession of
holding views that were at variance seditious material. He was charged with
with those of KANU government. At the offence of failure to prevent felony
the time of his arrest, the police took and sentenced on his plea of guilty.*
away Kshs. 940,000 that he was going He filed a suit against the government,
to pay his farm workers. He filed a suit David Njunguna Wanyoike vs. Attorney
against the government, Said Fondo General, Petition No. 729 of 2006132, at
Kalume vs. Attorney General, Petition the High Court of Kenya in Nairobi for a
No. 780 of 2008130, at the High Court of declaration that his fundamental rights
Kenya in Nairobi for a declaration that and freedoms were violated by the
his fundamental rights and freedoms government and to be compensated
128
Wachira Weheire vs. Attorney General [2010] eKLR.
129
Odungi Randa Ong’ombe vs. Attorney General [ 2012] eKLR. 131
Alex J Wagunya Kaggiri vs. Attorney General [2013] eKLR.
130
Said Fondo Kalume vs. Attorney General [2013] eKLR. 132
David Njunguna Wanyoike vs. Attorney General [2012] eKLR.
31
for those violations. He was awarded for those violations. He was awarded
global damages in the sum of Kshs. general damages in the sum of Kshs.
2,000,000. 3,500,000.
76. Mwangi Mathenge was held and 78. Gitari Cyrus Muraguri was held and
tortured at various police stations and tortured at Nyayo House for 5 weeks
as well at Nyayo House for 36 days in in February-March 1989 on allegations
December 1986-February 1987 for he belonged to Mwakenya Movement,
his views that were at variance with an unlawful organisation. He was
the ones of KANU government. He arraigned in court on charges of being
was charged with the offence of taking a member of unlawful organisation
unlawful oath and sentenced on his and held remand but subsequently
plea of guilty* to serve imprisonment the Attorney General entered nolle
for 2½ years. He filed a suit against prosequi, effectively dropping the
the government, Mwangi Mathenge charges preferred against him. He
vs. Attorney General, Petition No. 240 filed a suit against the government,
of 2009133, at the High Court of Kenya Gitari Cyrus Muraguri vs. Attorney
in Nairobi for a declaration that his General, Petition No. 1185 of
fundamental rights and freedoms were 2003135, at the High Court of Kenya
violated by the government and to be in Nairobi for a declaration that his
compensated for those violations. He fundamental rights and freedoms were
was awarded global damages in the violated by the government and to be
sum of Kshs. 2,000,000. compensated for those violations. He
was awarded damages in the sum of
77. Herman Marine Nderi was held and Kshs. 7,907,011 being total sum for:
tortured at Nyayo House for 28 days Kshs. 107,011 for special damages,
in December 1985-January 1986 Kshs. 3,500,000 for general damages
for allegedly taking oath to overthrow for malicious prosecution, Kshs.
the then government. He was 3,000,000 for exemplary damages,
charged with the offence of taking Kshs. 800,000 for pain suffering, and
an oath to overthrow the government Kshs. 500,000 for loss of earnings.
and sentenced to serve 4½ years
imprisonment on his plea of guilty.* 79. Pitalis Owenyo Justus Agutu was held
He filed a suit against the government, and tortured at Nyayo House for 14
Herman Marine vs. Attorney General, days in December 1986 for allegedly
Petition No. 115 of 2011134, at the a member of proscribed organisation
High Court of Kenya in Nairobi for a Mwakenya Movement. He was
declaration that his fundamental rights charged with the offence of sedition
and freedoms were violated by the and sentenced to serve 4 years
government and to be compensated imprisonment on his plea of guilty.*
He filed a suit against the government,
133
Mwangi Mathenge vs. Attorney General [2012] eKLR.
134
Herman Marine Nderi vs. Attorney General [2012] eKLR. 135
Gitari Cyrus Muraguri vs. Attorney General [2011] eKLR.
32
FOOTPRINTS OF
Pitalis Owenyo Justus Agutu vs. to serve 5 years imprisonment on his

Attorney General, Petition No. 784 of plea of guilty.* He filed a suit against
2008136, at the High Court of Kenya the government, Simon Maina Waweru
in Nairobi for a declaration that his vs. Attorney General, Petition No.
fundamental rights and freedoms were 1377 of 2003138, at the Constitutional
violated by the government and to be and Human Rights Division of the
compensated for those violations. He High Court of Kenya in Nairobi for a
was awarded global damages in the declaration that his fundamental rights
sum of Kshs. 2,500,000. and freedoms were violated by the
government and to be compensated
80. Stanley Waweru Kariuki was held for those violations. He was awarded
and tortured at Nyayo House for 27 global damages in the sum of Kshs.
days in September-October 1988 3,000,000.
for allegedly for being a bandit and
member of underground movement. 82. Simon Njaaga Mbote was held and
He was arraigned in court at 6.00 pm tortured at Nyayo House for 17 days
and charged with the offences of being in May-February 1989 for allegedly
in possession of seditious material generating a document on Mwakenya
and being a member of unlawful Movement, a proscribe organisation.
society. He was sentenced to serve He was thereafter released without
5 years imprisonment on his plea charges being preferred against him.
of guilty.* He filed a suit against the He filed a suit against the government,
government, Stanley Waweru Kariuki Simon Njaaga Mbote vs. Attorney
vs. Attorney General, Petition No. General, Petition No. 46 of 2010139, at
1376 of 2003137, at the High Court of the Constitutional and Human Rights
Kenya in Nairobi for a declaration that Division of the High Court of Kenya
his fundamental rights and freedoms in Nairobi for a declaration that his
were violated by the government and fundamental rights and freedoms were
to be compensated for those violations. violated by the government and to be
He was awarded global damages in the compensated for those violations. He
sum of Kshs. 3,500,000. was awarded global damages in the
sum of Kshs. 1,000,000.
81. Simon Maina Waweru was held and
tortured at Nyayo House for 61 days in 83. Benson Thiru Karanja was held and
May-June 1986 for allegedly for being tortured at Nyayo House for 22 days
a bandit and member of underground in November-December 1987 for
movement. He was arraigned in court allegedly being a member of Mwakenya
at 7.00 pm and charged with the Movement. He was thereafter released
offences of being a member of an without charges being preferred
unlawful society. He was sentenced against him. He filed a suit against the
136
Pitalis Owenyo Justus Agutu vs. Attorney General [2012] eKLR. 138
Simon Maina Waweru vs. Attorney General [2014] eKLR.
137
Stanley Waweru Kariuki vs. Attorney General [2013] eKLR. 139
Simon Njaaga Mbote vs. Attorney General [2012] eKLR.
33
government, Benson Thiru Karanja 85. John Murethii Kiagayu was held and
vs. Attorney General, Petition No. tortured at Nyayo House for 48 days in
237 of 2010140, at the Constitutional June-July 1987 for allegedly for being
and Human Rights Division of the a member of Mwakenya Movement.
High Court of Kenya in Nairobi for a He was charged with the offence
declaration that his fundamental rights of being a member of an unlawful
and freedoms were violated by the society and sentenced to serve 3 years
government and to be compensated imprisonment on his plea of guilty.*He
for those violations. He was awarded filed a suit against the government,
global damages in the sum of Kshs. John Murethii Kiagayu vs. Attorney
1,000,000. General, Petition No. 141 of 2011142,
at the Constitutional and Human
84. Karige Kihoro was held and tortured at Rights Division of the High Court of
Nyayo House for 5 months and 7 days Kenya in Nairobi for a declaration that
in February- August 1986 for allegedly his fundamental rights and freedoms
for being a member of Mwakenya were violated by the government and
Movement and being in possession to be compensated for those violations.
of sedition publication, Mpatanishi. He was awarded global damages in the
He was thereafter released without sum of Kshs. 2, 500,000.
charges being preferred against him.
He filed a suit against the government, 86. Abuya Abuya was held and tortured
Karige Kihoro vs. Attorney General, at Nyayo House for 4 days in January
Petition No. 721 of 2009141, at the 1987 to compel him to provide
Constitutional and Human Rights information on Mwakenya Movement
Division of the High Court of Kenya and Pambana and Mpatanish,
in Nairobi for a declaration that his proscribed publications. He was
fundamental rights and freedoms were thereafter released without charges
violated by the government and to be being preferred against him. He
compensated for those violations. In filed a suit against the government,
his sought he also sought declaration Abuya Abuya vs. Attorney General,
that his fundamental rights and Petition No. 184 of 2013143, at the
freedoms were violated when he was Constitutional and Human Rights
unlawfully incarcerated for 21 days Division of the High Court of Kenya
in 1969 and unlawfully incarcerated in Nairobi for a declaration that his
for 17 days in 1975 by the Jomo fundamental rights and freedoms were
Kenyatta’s government. He was violated by the government and to be
awarded global damages in the sum of compensated for those violations. He
Kshs. 5,000,000. was awarded global damages in the
sum of Kshs. 1,000,000.
140
Benson Thiru Karanja vs. Attorney General [2012] eKLR. 142
John Murethii Kiagayu vs. Attorney General [2013] eKLR.
141
Karige Kihoro vs. Attorney General [2013] eKLR. 143
Abuya Abuya vs. Attorney General [2014] eKLR.
34
FOOTPRINTS OF
87. Michael Danson Mahugu was held was awarded general damages in the
and tortured at Nyayo House for 34 sum of Kshs. 1,500,000.
days in February-March 1987 for
allegedly being a member of Mwakenya 89. Samuel Kaberere Njenga was held and
Movement. He was charged with tortured at Nyayo House for 14 days
the offence of being a member of an in for his views that were perceived as
unlawful organisation, Mwakenya anti-government. He was arraigned
Movement and was sentenced to serve in court and bonded to keep peace
4 years imprisonment on his plea for 1 year. He filed a suit against the
of guilty.* He filed a suit against the government, Samuel Kaberere Njenga
government, Michael Danson Mahugu vs. Attorney General, Miscellaneous
vs. Attorney General, Miscellaneous Civil Case No. 1187 of 2003146, at
Civil Case No.1375 of 2003144, at the the Constitutional and Human Rights
High Court of Kenya in Nairobi for a Division of the High Court of Kenya
declaration that his fundamental rights in Nairobi for a declaration that his
and freedoms were violated by the fundamental rights and freedoms were
government and to be compensated violated by the government and to be
for those violations. He was awarded compensated for those violations. He
global damages in the sum of Kshs. was awarded general damages in the
2,000,000. sum of Kshs. 1,500,000.
88. Shem Ogola Oketch was held and 90. Jilan Sabila Labo was held and
tortured at Nyayo House for 39 tortured at Nyayo House for 14 days
days in October-November 1986 in October 1987 to compel him to
for allegedly being a member of confess his relationship with one Ali
Mwakenya Movement. He was Sakwa who was allegedly associated
arraigned in court at 5.00 pm and with the Mwakenya Movement. He was
charged with the offence of taking thereafter released without charges
unlawful oath. He was sentenced to being preferred against him. He filed
serve 3 years imprisonment on his a suit against the government, Jilan
plea of guilty.* He filed a suit against Sabila Labo vs. Attorney General,
the government, Shem Ogola Oketch Miscellaneous Civil Case No. 398
vs. Attorney General, Miscellaneous of 2013147, at the Constitutional
Civil Case No.1363 of 2003145, at the and Human Rights Division of the
Constitutional and Human Rights High Court of Kenya in Nairobi for a
Division of the High Court of Kenya declaration that his fundamental rights
in Nairobi for a declaration that his and freedoms were violated by the
fundamental rights and freedoms were government and to be compensated
violated by the government and to be for those violations. He was awarded
compensated for those violations. He general damages in the sum of Kshs.
1,200,000.
144
Michael Danson Mahugu vs. Attorney General [2012] eKLR. 146
Samuel Kaberere Njenga vs. Attorney General [2014] eKLR.
145
Shem Ogola Oketch vs. Attorney General [2014] eKLR. 147
Jilan Sabila Labo vs. Attorney General [2014] eKLR.
35
91. Mugo Theuri was held and tortured government and to be compensated
at Nyayo House for 49 days in for those violations. He was awarded
September-October 1986 on suspicion damages in the sum of Kshs. 12,
that as a journalist he had information 477,675 being total sum of these:
on Pambana, Mwakenya Movement Kshs. 1,547,435 for special damages
and anti-government activities. He was (medical expenses), Kshs. 930,240
charged with the offences of taking for loss of salary, Kshs. 1,500,000
of taking unlawful oath and failing to for loss of pension, Kshs. 4,500,000
prevent felony, and sentenced to serve for general damages for malicious
4 years imprisonment on his plea prosecution and Kshs. 4,000,000 for
of guilty.* He filed a suit against the exemplary damages.
government, Mugo Theuri vs. Attorney
General, Miscellaneous Civil Case No. 93. Rumba Kinuthia was held and tortured
565 of 2005148, at the Constitutional at Nyayo House for 14 days in October
and Human Rights Division of the 1990 on suspicion of being a member
High Court of Kenya in Nairobi for a of Mwakenya Movement and anti-
declaration that his fundamental rights government activities. He was charged
and freedoms were violated by the with the offence of being a member
government and to be compensated of unlawful organisation and detained
for those violations. He was awarded at Kamiti Maximum Security Prison in
global damages in the sum of Kshs. solitary confinement. Subsequently,
2,000,000. the Attorney General entered a nolle
prosequi, effectively dropping the
92. Dr. Odhiambo Olel was held and charges preferred against him. He
tortured at Nyayo House for 17 days filed a suit against the government,
in on suspicion he was a member Rumba Kinuthia vs. Attorney General,
of Mwakenya Movement. He was Miscellaneous Civil Case No. 1408 of
charged with the offence of being 2004150, at the High Court of Kenya
a member of unlawful organisation in Nairobi for a declaration that his
and was sentenced to serve 5 years fundamental rights and freedoms were
imprisonment. He appealed against violated by the government and to be
the sentence at the Court of Appeal that compensated for those violations. He
quashed the conviction and set aside was awarded global damages in the
the sentence. He filed a suit against sum of Kshs. 1, 500,000.
the government, Dr. Odhiambo Olel
vs. Attorney General, Miscellaneous 94. Benedict Munene Kariuki was held
Civil Case No. 366 of 1995149, at the and tortured at Nyayo House for
High Court of Kenya in Kisumu for a 11 days in June 1986 on suspicion
declaration that his fundamental rights of being a member of Mwakenya
and freedoms were violated by the Movement. He was charged with the
148
Mugo Theuri vs. Attorney General [2013] eKLR.
149
Dr. Odhiambo Olel vs. Attorney General (Unreported). 150
Rumba Kinuthia vs. Attorney General (Unreported).
36
FOOTPRINTS OF
offence of being a member of unlawful on suspicion of being a member

organisation and sentenced to serve of Mwakenya Movement. He was
5 years imprisonment on his plea charged with the offence of sedition
of guilty.*He filed a suit against the and sentenced to serve 7 years
government, Benedict Munene Kariuki imprisonment on his plea of guilty.*He
vs. Attorney General, Petition No. filed a suit against the government,
722 of 2009151, at the Constitutional Watson Wahinya Boore vs. Attorney
and Human Rights Division of the General, Petition No. 725 of 2009153,
High Court of Kenya in Nairobi for a at the Constitutional and Human
declaration that his fundamental rights Rights Division of the High Court of
and freedoms were violated by the Kenya in Nairobi for a declaration that
government and to be compensated his fundamental rights and freedoms
for those violations. He was awarded were violated by the government and
general damages in the sum of Kshs. to be compensated for those violations.
2,000,000. He was awarded general damages in
95. David Odhiambo Dimba was held and
tortured at Nyayo House for 14 days in 97. Maina Wa Kungu was held and
November 1991 on suspicion of being tortured at Nyayo House for 6 days
a member of Mwakenya Movement. in September 1988 to compel him
He was thereafter released without to disclose his relationship with Koigi
charges being preferred against him. Wamwere, Kimani wa Nyoike, and
He filed a suit against the government, Wanyiri Kihoro (persons who had been
David Odhiambo Dimba vs. Attorney marked as anti-government by the
General, Petition No. 723 of 2009152, then government) as and on suspicion
at the Constitutional and Human he was a member of DTM. He was
Rights Division of the High Court of released from Nyayo House without
Kenya in Nairobi for a declaration that ant charges preferred against him. He
his fundamental rights and freedoms filed a suit against the government,
were violated by the government and Maina Wa Kungu vs. Attorney General,
to be compensated for those violations. Petition No. 726 of 2009154, at the
He was awarded general damages in Constitutional and Human Rights
the sum of Kshs. 2,000,000. Division of the High Court of Kenya
in Nairobi for a declaration that his
96. Watson Wahinya Boore was held and fundamental rights and freedoms were
tortured at Nyayo House for 72 days violated by the government and to be
in September 1982-March 1983 compensated for those violations. He
was awarded general damages in the
Benedict Munene Kariuki & 14 Others vs. Attorney General (Unreported),
sum of Kshs. 2, O00,000.
151
(Petition No. 722 of 2009 consolidated with Petition No. 723 of 2009, Petition
No. 725 of 2009, Petition No. 726 of 2009, Petition No. 727 of 2009, Petition
No. 736 of 2009 and Petition No. 737 of 2009). 153
ibid.
152
ibid. 154
ibid.
37
98. Chris Kamuyu was held and tortured 100. Emma Ainea Wayula was held and
at Nyayo House for 23 days in October tortured at Nyayo House for 14 days in
1990 on suspicion of being a member November-December 1990 because
of Mwakenya Movement. He was of her husband’s alleged involvement
charged with the offence of being a with Mwakenya Movement. She was
member of unlawful organisation and thereafter released without charges
sentenced to imprisonment on his plea being preferred against her. She filed
of guilty.* He filed a suit against the a suit against the government, Emma
government, Chris Kamuyu vs. Attorney Ainea Wayula vs. Attorney General,
General, Petition No. 727 of 2009155, at Petition No. 729 of 2009157, at the
the Constitutional and Human Rights Constitutional and Human Rights
Division of the High Court of Kenya Division of the High Court of Kenya
in Nairobi for a declaration that his in Nairobi for a declaration that her
fundamental rights and freedoms were fundamental rights and freedoms were
violated by the government and to be violated by the government and to be
compensated for those violations. He compensated for those violations. She
sum of Kshs. 2, O00,000. sum of Kshs. 2,000,000.
99. Patrick Ouma Onyango was held and 101. Isaac Ngotho Mwangi was held
tortured at Nyayo House for 56 days and tortured at Nyayo House for 8
in May 1986 on suspicion of being a days in July 1990 to compel him to
member of Mwakenya Movement. disclose information on multi-party
Thereafter he was detained without and Kenneth Matiba, who was on
trial for many days at Kamiti Maximum the forefront in advocating for an end
Security Prison where he continued to Kenya’s single party rule. He was
to be subjected to inhuman and cruel thereafter released without charges
treatment. He filed a suit against the being preferred against her. He filed
government, Patrick Ouma Onyango a suit against the government, Isaac
vs. Attorney General, Petition No. Ngotho Mwangi vs. Attorney General,
727 of 2009156, at the Constitutional Petition No. 730 of 2009158, at the
and Human Rights Division of the Constitutional and Human Rights
High Court of Kenya in Nairobi for a Division of the High Court of Kenya
government and to be compensated violated by the government and to be
for those violations. He was awarded compensated for those violations. He
general damages in the sum of Kshs. was awarded general damages in the
2,000,000. sum of Kshs. 2,000,000.
155
ibid. 157
ibid.
156
ibid. 158
ibid.
38
FOOTPRINTS OF
102. Odenda Richard Lumumba was 104. Washington Gichuki Mwangi was
held and tortured at Nyayo House for held and tortured at Nyayo House for
7 days in April 1986. He was charged 29 days in April-May1987 on suspicion
and sentenced to serve 4 years of being a member of Mwakenya
imprisonment on his plea of guilty.* Movement. He was thereafter
He was thereafter released without released without charges being
charges being preferred against him. preferred against him. He filed a suit
He filed a suit against the government, against the government, Washington
Odenda Richard Lumumba vs. Attorney Gichuki Mwangi vs. Attorney General,
General, Petition No. 731 of 2009159, at Petition No. 734 of 2009161, at the
the Constitutional and Human Rights Constitutional and Human Rights
Division of the High Court of Kenya Division of the High Court of Kenya
in Nairobi for a declaration that his in Nairobi for a declaration that his
fundamental rights and freedoms were fundamental rights and freedoms were
violated by the government and to be violated by the government and to be
compensated for those violations. He compensated for those violations. He
sum of Kshs. 2,000,000. sum of Kshs. 2,000,000.
103. John Kiriamiti was held and 105. Charles Kangara Njoroge was held
tortured at Nyayo House for 60 days and tortured at Nyayo House for 30
in November-February 1987 suspicion days in March 1986 allegedly for
of being a member of Mwakenya failure to prevent commission of felony.
Movement. He was charged with the Thereafter, he was detained without
offence of being a member of unlawful trial for many days at Kamiti Maximum
organisation and sentenced to serve Security Prison where he continued
7 years imprisonment. On appeal his to be subjected to inhuman and cruel
sentence was reduced to 6 months treatment. He filed a suit against the
imprisonment. He filed a suit against government, Charles Kangara Njoroge
the government, John Kiriamiti vs. vs. Attorney General, Petition No.
Attorney General, Petition No. 733 735 of 2009162, at the Constitutional
of 2009160, at the Constitutional and Human Rights Division of the
and Human Rights Division of the High Court of Kenya in Nairobi for a
High Court of Kenya in Nairobi for a declaration that his fundamental rights
declaration that his fundamental rights and freedoms were violated by the
and freedoms were violated by the government and to be compensated
government and to be compensated for those violations. He was awarded
for those violations. He was awarded general damages in the sum of Kshs.
general damages in the sum of Kshs. 2,000,000.
2,000,000.
159
ibid. 161
ibid.
160
ibid. 162
ibid.
39
106. Richard Khaemba Wekesa was held violated by the government and to
and tortured at Nyayo House for 12 be compensated for those violations.
days in March-April 1986 because He was awarded general damages
of his alleged association with former in the sum of Kshs. 2,500,000 and
Libyan Ambassador to Kenya, Mr. exemplary damages in the sum of
Wani Ali Wese IIaly and for receiving Kshs. 2,000,000.
payment to prepare reports on leading
politicians such as Charles Njonjo, 108. Joseph Mwaura Kinuthia was held
Charles Rubia and Jaramogi Oginga and tortured at Nyayo House for 14
Odinga. He was arraigned in court at days in October 1990 to compel him to
6.30 pm and charged and sentenced confess that Koigi Wamwere, Rumba
to serve 10 years imprisonment on Kinuthia, late Mirugi Kariuki and 4
his plea of guilty.*On appeal his other persons were allegedly involved in
sentence was reduced to 18 months. anti-government subversive activities.
He filed a suit against the government, Thereafter, he was arraigned in court at
Richard Khaemba Wekesa vs. Attorney 6.45 am and charged with the offence
General, Petition No. 736 of 2009163, at of treason which he entered a plea of
the Constitutional and Human Rights not guilty. Joseph was remanded at
Division of the High Court of Kenya Kamiti Maximum Security Prison for 2
in Nairobi for a declaration that his ½ years in solitary confinement, where
fundamental rights and freedoms were he was subjected to torture, inhuman
violated by the government and to be and cruel treatment. On 19th January
compensated for those violations. He 1993, the Attorney General entered
was awarded general damages in the nolle prosequi, effectively dropping
sum of Kshs. 2,000,000. the charges preferred against him. He
filed a suit against the government,
107. Cornelius Akelo Onyango was held Joseph Mwaura Kinuthia vs. Attorney
and tortured at Nyayo House for 38 General, Petition No. 234 of 2009165, at
days in March-May 1986. He was the High Court of Kenya in Nairobi for a
charged with the offence of sedition declaration that his fundamental rights
and sentenced to serve 4 years and freedoms were violated by the
imprisonment on his plea of guilty.*He government and to be compensated
filed a suit against the government, for those violations. He was awarded
Cornelius Akelo Onyango & 8 Others general damages in the sum of Kshs.
vs. Attorney General, Petition No. 233 2,000,000 and exemplary damages in
of 2009164, at the High Court of Kenya the sum of Kshs. 1, 500,000.
in Nairobi for a declaration that his
fundamental rights and freedoms were
163
ibid.
164
Cornelius Akelo Onyango vs. Attorney General (Unreported). (Petition
No.233 of 2009 consolidated with Petition No.234 of 2009, Petition No. 234
of 2009, Petition No. 235 of 2009, Petition No. 236 of 2009, Petition No. 237
of 2009, Petition No. 238 of 2009, Petition No. 241 of 2009 and Petition No.
243 of 2009. 165
ibid.
40
FOOTPRINTS OF
109. Mary W. Mwaura (wife to Joseph suit against the government, Christine
Mwaura Kinuthia166) was held and M. Patrick (Kituu) vs. Attorney General,
tortured at Nyayo House for 14 days in Petition No. 236 of 2009168, at the
October 1990 to compel her to confess High Court of Kenya in Nairobi for a
that Koigi Wamwere, Rumba Kinuthia, declaration that her fundamental rights
late Mirugi Kariuki and 4 other persons and freedoms were violated by the
were involved in anti-government government and to be compensated
subversive activities. Thereafter, she for those violations. She was awarded
was arraigned in court at 6.45 am and general damages in the sum of Kshs.
charged with the offence of misprision 1,000,000 and exemplary damages in
of treason which she entered a plea of the sum of Kshs. 500,000.
not guilty. Mary was remanded at Kamiti
Maximum Security Prison for 2 months 111. James Keffa Ng’anga was held
in solitary confinement, where she was and tortured at Nyayo House for 9
subjected to torture, inhuman and days in October 1990 on suspicion
cruel treatment. On 22nd November that together with Koigi Wamwere
1990, the Attorney General entered they possessed firearms and thus to
nolle prosequi, effectively dropping disclose information on this. Thereafter,
the charges preferred against her. She he was released from Nyayo House
filed a suit against the government, without any charges being preferred
Mary W. Mwaura vs. Attorney General, against him. He filed a suit against the
Petition No. 235 of 2009167, at the government, James Keffa Ng’anga vs.
High Court of Kenya in Nairobi for a Attorney General, Petition No. 237 of
declaration that her fundamental rights 2009169, at the High Court of Kenya
and freedoms were violated by the in Nairobi for a declaration that his
government and to be compensated fundamental rights and freedoms were
for those violations. She was awarded violated by the government and to be
general damages in the sum of Kshs. compensated for those violations. He
1,500,000 and exemplary damages in was awarded general damages in the
the sum of Kshs. 1,000,000. sum of Kshs. 1,000,000 and exemplary
damages in the sum of Kshs. 500,000.
110. Christine M. Patrick was held and
tortured at Nyayo House for 4 days in 112. Edward Waruiru Muhia was held
October 1989 to compel her to confess and tortured at Nyayo House for a few
that she and her husband were days in September 1986 on suspicion
members of Mwakenya Movement. he was a member of Mwakenya
Thereafter, she was released from Movement. Thereafter, he was released
Nyayo House without any charges from Nyayo House without any charges
being preferred against her. She filed a being preferred against him. He filed a
suit against the government, Edward
He was a Nyayo House victim and sued the government Joseph Mwaura
166
Kinuthia vs. Attorney General, Petition No. 234 of 2009(Unreported) See ibid. 168
Supra Note 163.
Supra Note 163.
167 169
Supra Note 163.
41
Waruiru Muhia vs. Attorney General, the government, Kangethe Mungai

Petition No. 238 of 2009170 , at the vs. Attorney General, Petition No.
High Court of Kenya in Nairobi for a 241 of 2009172, at the High Court of
declaration that his fundamental rights Kenya in Nairobi for a declaration that
and freedoms were violated by the his fundamental rights and freedoms
government and to be compensated were violated by the government and
for those violations. He was awarded to be compensated for those violations.
1,000,000 and exemplary damages in in the sum of Kshs. 3,500,000 and
the sum of Kshs. 500,000. exemplary damages in the sum of
Kshs. 3,000,000.
113. Fredrick Kareithi Rungurua was held
and tortured at Nyayo House for 10 115. Joshua Njoroge Kihara was held and
days in June 1986 on suspicion he was tortured at Nyayo House for 14 days
a member of Mwakenya Movement. in June 1986 on suspicion of being
Thereafter, he was arraigned in court a member of Mwakenya Movement.
at 6.00 pm and charged with the Thereafter, he was charged with the
offence of sedition. He was sentenced offences of being a member of unlawful
to serve 3 years imprisonment on his organisation and sentenced to serve
plea of guilty.* He filed a suit against 5 years imprisonment on his plea
the government, Fredrick Kareithi of guilty.* He filed a suit against the
Rungurua vs. Attorney General, government, Joshua Njoroge Kihara
Petition No. 239 of 2009171, at the vs. Attorney General, Petition No. 243
High Court of Kenya in Nairobi for a of 2009173, at the High Court of Kenya
government and to be compensated violated by the government and to
for those violations. He was awarded be compensated for those violations.
2, 500,000 and exemplary damages in in the sum of Kshs. 2, 500,000 and
the sum of Kshs. 2,000,000. exemplary damages in the sum of
Kshs. 2,000,000.
114. Kangethe Mungai was held and 116. Dominic Arony Amoly was held and
tortured at Nyayo House for 15 days tortured at Nyayo House for several
in June 1986. Thereafter, he was days in 1982 on allegations he had
charged with the offences of sabotage participated in the failed coup of
and belonging to an underground August 1982. He filed a suit against
organisation. He was sentenced to the government, Dominic Arony Amoly
serve 12 ½ years imprisonment on his vs. Attorney General, Miscellaneous
plea of guilty.* He filed a suit against
170
Supra Note 163. 172
Supra Note 163.
171
Supra Note 163. 173
Supra Note 163.
42
FOOTPRINTS OF
Application No. 494 of 2003174, at the Compensation to the estate of

High Court of Kenya in Nairobi for a
declaration that his fundamental rights victims tortured at Nyayo House
and freedoms were violated by the
The family members of deceased persons
who were tortured at Nyayo House filed
global damages in the sum of Kshs.
suits in their capacity as estate of these
2,500,000.
victims, against the government for human
rights violation visited upon their loved ones
117. Miguna Miguna was held and
at Nyayo House. These cases are: -
tortured at Nyayo House for several
days on suspicion he was engaging in
1. Malik Mohammed Kipsang filed a suit
anti-government activities. He filed a
in his capacity as the administrator
suit against the government, Miguna
of the estate of William Chemutso
Miguna vs. Attorney General, Petition
Kipsang, deceased who was his
No. 16 of 2010175, at the Constitutional
father, against the government, Malik
and Human Rights Division of High
Mohammed Kipsang vs. Attorney
Court of Kenya in Nairobi for a
General, Petition No. 338 of 2011176,
declaration that his fundamental rights
at the Constitutional and Human
Rights Division of High Court of Kenya
in Nairobi. The deceased had been
arrested and held for 35 days in
global damages in the sum of Kshs. 1,
various police stations and thereafter
500,000.
at Nyayo House where he was
tortured to compel him to disclose his
knowledge on Mwakenya Movement,
an organisation which was proscribed;
the acts of torture resulted into William
Chemutso Kipsang’s death. In his
suit, Malik sought for a declaration
that his father’s fundamental rights
as the legal representative of deceased
3,000,000 for violation of deceased’s
fundamental rights under section
72(3) of the Repealed Constitution.
174
Dominic Arony Amoly vs. Attorney General (Unreported).
175
Miguna Miguna vs. Attorney General (Unreported). 176
Malik Mohammed Kipsang vs. Attorney General [2014] eKLR.
43
awarded the petitioners as the legal

2. Joan Akinyi Kabaselleh and Judith representatives of deceased general
Odago Ayoo and George Omore damages in the sum of Kshs. 500,000
Kabaselleh filed a suit in their capacity for violation of deceased’s fundamental
as the administrators of the estate of rights under section 72(3) of the
Hajulas Nyapanji Kabaselleh, Joan Repealed Constitution.
Akinyi Kabaselleh & 2 others vs.
Attorney General, Petition No. 41 of 4. Grace Wanjiru Miano and Antony
2014177, at the High Court of Kenya Macharia Miano filed a suit in their
in Nairobi. The 1stand 2nd petitioners capacity administrators of the estate
and the 3rd petitioner being widows of Joseph Karuiru Miano, Grace
and son of the Hajulas Nyapanji Wanjiru Miano & another vs. Attorney
Kabaselleh, respectively sought claim General, Petition No. 226 of 2013179,
for violation of the rights of deceased by at the Constitutional and Human
the KANU government. The deceased Rights Division of High Court of
had been held and tortured for 36 days Kenya in Nairobi. The 1st petitioner
at Nyayo House torture chambers. being the widow of John Kamangara
The court awarded the petitioners as Maina, sought claim for violation of
the legal representatives of deceased the rights of deceased by the KANU
general damages in the sum of Kshs. government. The deceased had been
800,000 for violation of deceased’s held and tortured for 26 days at Nyayo
fundamental rights under section House torture chambers in December
72(3) of the Repealed Constitution. 1986-January 1987 for allegedly
taking oath and holding political views
3. Virginia Njeri Kamangara and Esther that were incongruent to those of the
Wanja filed a suit in their capacity KANU government’s one party policy
administrators of the estate of John and ideology. The court awarded the
Kamangara Maina, Virginia Njeri petitioners as legal representatives of
Kamangara & another vs. Attorney the deceased general damages in the
General, Petition No. 179 of 2012178, sum of Kshs. 1,500,000 for violation of
at the Constitutional and Human deceased’s fundamental rights under
Rights Division of High Court of Kenya sections 72 and 74 of the Repealed
in Nairobi. The 1stand 2nd petitioners Constitution.
being the widows and daughter
of the John Kamangara Maina,
respectively sought claim for violation
of the rights of deceased by the KANU
government. The deceased had been
held and tortured for 61 days at Nyayo
House torture chambers. The court
177
Joan Akinyi Kabaselleh & 2 others vs. Attorney General [2014] eKLR.
178
Virginia Njeri Kamangara & another vs. Attorney General [2014] eKLR. 179
Grace Wanjiru Miano & another vs. Attorney General [2014] eKLR.
44
FOOTPRINTS OF
Compensation to torture victims 184 of 2011181, at the Constitutional

and Human Rights Division of High
not held at Nyayo House
Court in Nairobi for a declaration that
As indicated above some victims of torture his fundamental rights and freedoms
who were not held at Nyayo House but were violated and to be compensated
nonetheless tortured by government for those violations. He was awarded
agents/officials on similar grounds as general damages in the sum of Kshs.
those of Nyayo House victims, filed suits 800,000.
against the government. Their suits
were consolidated with those of Nyayo 3. Njehu Gatabaki was unlawful
House victims. The court declared these detained at various police stations
victims’ fundamental rights and freedoms and Government of Kenya prisons for
guaranteed in Sections 72 and 74(1) under severally days intermittently during the
the Repealed Constitutions were violated period of 1990 to 2002 because of his
and awarded them damages. These cases advocacy work as a journalist. During
are:- the period he was unlawfully detained
he was subjected to torture and
1. Dick Joel Omondi was held and inhuman and cruel treatments. He filed
tortured at various police stations a suit against the government, Njehu
on suspicion he was a member of Gatabaki vs. Attorney General, Petition
Mwakenya Movement. He filed a No. 80 of 2010182, at the Constitutional
suit against the government Dick and Human Rights Division of High
Joel Omondi vs. Attorney General Court in Nairobi for a declaration that
Petition No. 192 of 2012180, at the his fundamental rights and freedoms
Constitutional and Human Rights were violated by the government
Division in the High Court of Kenya during the period 1990-2002 and to
in Nairobi for a declaration that his be compensated for those violations.
fundamental rights and freedoms were He was awarded general damages in
violated by the government and to be the sum of Kshs. 10,000,000.
compensated for those violations. He
was awarded global award in the sum 4. Bedan Mbugua was unlawful
of Kshs. 250,000. detained at various police stations
and Government of Kenya prisons for
2. John Michuki Maina was held and severally days intermittently during
tortured at Nyati House for several the period of 1994 to 1998 for his
days in July 2001 thereafter released advocacy work as a journalist for the
without any charge being preferred Beyond and the People Magazines.
against him. He filed a suit against During the period he was unlawfully
the government, John Michuki Maina detained he was subjected to inhuman
vs. Attorney General, Petition No. and cruel treatment, and tortured
181
John Michuki Maina & Another vs. Attorney General [2014] eKLR.
180
Dick Joel Omondi vs. Attorney General [2013]eKLR. 182
Supra Note 126.
45
by Special Branch Police. He filed a the Consolidated Fund and stipulates

suit against the government, Bedan the Fund holds all monies raised and
Mbugua vs. Attorney General, Petition received by the national or on behalf
No. 81 of 2010183, at the Constitutional of the national government. One of
and Human Rights Division of High the means the national government
Court in Nairobi for a declaration that raises revenue is through taxation
his fundamental rights and freedoms as mandated by the Income Tax Act
were violated by the government Chapter 470 of Laws of Kenya. This
during the period 1994-1998 and to government’s mandate of collection
be compensated for those violations. of revenue is carried out by the Kenya
He was awarded general damages in Revenue Authority that is established
the sum of Kshs. 7,000,000. under the Section 3 of the Kenya
Revenue Authority (KRA) Act, Chapter
5. Njoroge Njathi was held and tortured 469 of Laws of Kenya. Section 5 of the
at Turkoman Carpet House in Nairobi KRA Act stipulates one of the functions
and as well at General Service Unit of the Authority is to collect and receive
Training School in Nairobi for more all revenue that includes taxes remitted
than 2 months in August 1982. He by people of Kenya.
filed a suit against the government,
Njoroge Njathi vs. Attorney General, Given the courts rendered judgements
Petition No. 732 of 2009,184 at the for the Kenyan government to pay
Constitutional and Human Rights damages as compensation to the Nyayo
Division of the High Court of Kenya House victims and other victims# that
in Nairobi for a declaration that his total up to Kshs. 372,524,686, it can
fundamental rights and freedoms were be deduced that the Kenyan taxpayers
violated by the government and to be have incurred cost to the tune of Kshs.
compensated for those violations. He 372,524,686 to compensate Nyayo
was awarded general damages in the House victims and other victims.
sum of Kshs. 2,000,000. Ironically, these taxpayers include the
victims who have to bear on a daily
Pursuant to the court orders for basis irreparable losses as a result of
compensations to Nyayo House victims Nyayo House atrocities. These losses
and other victims# the government are discussed in the next section as
of Kenya has had to pay Kshs. intimated by the victims during key
372,524,686 to the victims. Section informant interviews conducted in the
21 of the Government Proceedings course of this research and as deponed
Act, Chapter 40 of Laws of Kenya as by the victims in their petitions against
read together with Section 32 of this the government.
Act provides that damages payable
by government is drawn from the
Consolidated Fund. Article 206 of the
Constitution of Kenya 2010 establishes
183
Supra Note 126.
46 184
Benedict Munene Kariuki & 14 Others vs. Attorney General (Unreported).
The Irreparable Lost
Opportunities Borne by
the Victims
The collective cost of damages awarded to were detained and as well served imprisonment,
the Nyayo House victims and other victims# following conviction and sentence imposed on
is negligible when compared to the lost them that were premised on their own plea of
opportunities and injury borne by the victims. guilty. Given it is common knowledge that the
Mumbi, J in Koigi Wamwere v. Attorney victims pleaded guilty to charges preferred
General, rightly stated,‘ Accepting that the against them after having been tortured- and
award of damages is not an exact science, and the victims contested such imprisonments as
knowing that no monetary sum can really erase violation of their rights and invited the courts
the scarring of the soul and the deprivation of to compensate them- the claims should have
dignity that some of these violations of rights been sustained: the victims should have been
entailed…’ compensated for lost time and opportunities
while in detention and imprisonment. However,
The government agents/servants that instigated the courts found that the sentences imposed
torture, cruel and inhuman treatment on the victims under the old constitutional
comprehended the irreparable damage they dispensation (aforementioned cases in section
were inflicting upon the victims. One victim III marked with pleaded guilty *) were lawfully
recounted during key informant interview for served.
this research, ‘During my sojourn at the Nyayo
House Torture Chambers, my Chief Torturer
Loss of lives
kept saying “Paddy, when we are through with
you, you will never be the same again” with Family members and friends of victims who
the benefit of hindsight, he was right. I suffer were subjected to torture at Nyayo House
from what psychologists call ‘abreaction’ When and Nyati House still mourn the death of
driving for instance I sometimes relapse to the their loved ones.185 To-dated these victims’
Nyayo House experience REAL TIME, perhaps families members and friends contend with
because of a sound on the road; I sweat feel this irreparable loss which cannot be quantified
pain just as when I was there all over again.’ and restituted. The court in Malik Mohammed
Kipsang vs. Attorney General in granting award
The diabolical acts of torture that the victims of to the petitioner rightly noted, ‘where a life is lost
Nyayo House and other victims# were subjected in the hands of agents of the State, no amount
to remains a painful monolith in their lives. It in damages, however high, will ever adequately
is uncontested when it is considered that the heal the wounds of the deceased’s survivors.’
victims could not secure reparation for loss of
time and opportunities during the period they
Supra Note 3 and Supra Note 32. Also see cases in section III (iii) above.
185
47
Breakdown of Family coping mechanisms to survive by the day:

some feigned stoicism lest they were suspected
Relationships and Marriage of working with Mwakenya Movement suspects
and be rounded up as well;192 some out of
Most the victims of the Nyayo House torture
fear ostracised the victims, and eventually
chambers upon release from the detention or
terminated their relationships with victims.193But
completing their imprisonment terms found
these coping mechanisms were ephemeral as
it untenable to continue living under Moi’s
the victims’ family members developed stress-
despotic rule where they would have to remain
related infirmities such as hyper-tension, high-
under high surveillance, thus they went into
blood pressure which they contend with to-
exile.186The victims escaped by foot at border
date. In some cases, wives of the victims who
into Uganda and United Republic of Tanzania.
were expectant had miscarriage upon receiving
The victims often escaped without telling
news their husbands were in the ‘hands’ of
their family members and friends: according
Special Branch police.194
to the victims, this was aimed at protecting
their family members and friends from being
Upon being released from detention and
harassed by the police to disclose the victims’
completing their imprisonment, the victims
whereabouts.187 But this strategy was counter-
returned to empty nest having been deserted
productive.
by fiancé195, fiancée196 or spouse.197 During the
material period, 1980s and 1990s separation,
Family members of the suspected Mwakenya
divorce and single parenting was stigmatised
Movement were harassed and under constant
and as such the victims had to bear stigma
surveillance by the police.188 It was not
associated with these. One victim who was
uncommon for the police to barge into victims’
a key informant interviewee poignantly
home and ransack the house, oblivious of
recounted, ‘I lost the woman I was to wed.
the impact such conduct would have on
My family now is still young yet I am aging. I
victims’ children who watched in terror189,
have to think and work harder to secure their
or the impact on the victims’ children who
future in my absence. My Mama succumbed
were left unattended following the arrest of
to hypertension when I was detained. Classical
their ‘suspect’ parents.190Albeit the victims’
case of those affected indirectly. I always opine
precaution to escape without notifying their
that “detention in freedom is more devastating
family members, their family members were
than the actual incarceration” Most homes and
arrested and tortured in a bid to compel them
families have been devastated as a result of
to disclose Mwakenya Movement suspects’
unlawful detentions who is survivor.’
whereabouts or on suspicion they too were also
its members.191
Torture had severe impact on the victims. It
Victims’ family members and friends developed
186
Supra Note 129. 192
Supra Note 32.
187
Supra Note 3. 193
See generally, Supra Note 3 and Supra Note 32.
188
See for example, Andrew Muindi Naulika vs. Attorney General. Even after 194
Supra Note 169.
the petitioner was placed on surveillance on suspicion he was being involved 195
See for example, Florence Nyaguthie Murage vs. Attorney General, the peti-
in activities of February Eighteen Movement his family and friends’ movements tioner’s boyfriend left her following her incarceration.
were being monitored and they would be harassed. 196
The East Africa Standard, The Unsung Hero: A Man Saves his Torture, Would
189
See for example, Susan Wangui Mirugi vs. Attorney General [2013]eKLR as You Do the Same?
consolidated with Jaoko Noo Ooro vs. Attorney General [2013]eKLR. 197
See for example, Robert Wafula Buke vs. Attorney General. The petitioner’s
190
Supra Note 156. first wife left him during detention and when he remarried and was sentenced
191
Supra Note 164. to serve imprisonment the second wife left him.
48
FOOTPRINTS OF
caused them to be constantly apprehensive, is severely injured as a result of torture he

suspicious, irritable and forgetful which made was subjected to and thus cannot secure an
it difficult for their family members and friends employment in the field of engineering, which
to relate to them ‘normally as in the old days.’ was his profession prior to his Nyayo House
As a result and ruefully, to-date some victims ordeal.205 Victims who had businesses lost
continue to have strained relationships with them as the businesses collapsed during their
their family members and friends.198Given detention206 or arrest.207 One of key informant
Kenyan communities are communal in nature, interviewees intimated, ‘I lost almost 3 years at
loss of relationships is grave. It cannot be Nyayo House and in Kamiti Maximum Security
quantified. The torture also made some victims Prison and my law practice crumbled.’
to have erectile dysfunction thus unable to
sire children and were as a result left by their Victims also found it challenging to get back
spouses.199 Also as a result of the Nyayo House into employment. A mere disclosure to potential
ordeal some victims have become reclusive employer that one had been to police cells or
while others are claustrophobic.200 prison was sufficient for them to be denied
employment.208
Loss of Employment and Income

To contextualise how grave the loss of
Most of victims were arrested, detained and employment opportunities and income is, it is
imprisoned in the prime of their youth as such critical to understand Kenya’s mindset in so
they lost income they would have earned during far as a man’s ability to provide is concerned.
the time they were in detention, remand or The true measure of a man’s masculinity is
prison.201 The victims who were employed lost premised on his ability to provide for himself
their jobs and all accruing benefits as their and his family. Inability to do this, attracts social
employers terminated their services, after they penalties of stigmatisation, scorn, deep sense
were arrested202 or detained203 or sentenced of shame and loss of respect among peers and
to serve imprisonment.204 Although, while family members. This is particularly grave when
awarding damages the courts compensated the a man has to rely on his spouse for provision.
victims for loss of income, this is inadequate The Nyayo House victims had to contend with
when consideration is given to the psychological these social penalties. Hence, in a society
and physical health impairments the victims wherein a man’s measure of masculinity is
have to bear which affects their productivity. largely measured by their ability to provide, this
For example, one of the victim’s brain motor loss had a severe impact on victims and their
family members. In effect, the male victims
felt emasculated as they had to rely on their
198
Supra Note 141.
199
Supra Note 192. wives which was not the norm in those days. In
200
Supra Note 192.
201
202
Supra Note 163.
Supra Note 144.
addition to this, the victims’ children dropped
See for example, Paul Amina vs. Attorney General, the petitioner lost his
out of school because of lack of school fees209
203
job as a journalist when he has detained. Also Florence Nyaguthie Murage

v. Attorney General, the petitioner was interdicted from her job following her
incarceration.
204
See for example, Ali Cheptegei Saikwa vs. Attorney General, the petitioner 205
Supra Note 131.
lost employment and terminal benefits upon being sentenced to serve 3 years 206
Supra Note 133.
imprisonment. Also see, Wilson Nduati Njoroge vs. Attorney General, the pe- 207
Supra Note 132.
titioner lost his job and benefits of 33 years of employment. Also see, James 208
Supra Note 3 at p .59.
Aggrey Akumu Joel vs. Attorney General, the petitioner lost his job and benefits 209
See for example Mwangi Mathenge vs. Attorney General. 2 of petitioners’
of 20 years as a Revenue Officer following his imprisonment. children dropped out of schools for lack of fees. Also see Supra Note 178.
49
the victims’ family members died because Cost to Kenyan Economy

they could not afford medical treatment,210 and
the victims’ family standard of living changed Following advocacy by the victims of Nyayo
drastically to the point of being rendered House and other victims#, Kenya’s poor human
destitute.211 record became known worldwide in 1990s.
During his foreign trips, the then President
Daniel Arap Moi had to contend with angry
Loss of Education
protestors holding placards that condemned
Victims who were students were expelled by his rule and flagrant violation of human
their institutions once the institutions seized rights. One of such protests that stands out
information that they had been arrested on was organised by exiles in Canada outside
suspicion they were members of underground the Kenyan Embassy in 1991. In retaliation,
movement or had engaged in anti-government Moi recalled Kenya’s High Commissioner to
activities. Thus the victims were unable Canada, Peter Maragia Nyaweya.216 These
to complete their education.212Others lost protests gave impetus to parallel advocacy by
opportunities to be students.213 exile community and human rights activists that
called for aid and foreign assistance to Kenya
to be tied to human rights and combating
Poor Health corruption. As a result of such advocacy the
World Bank and International Monetary Fund
The common accounts of the victims to-date is,
cut off aid to Kenya. 217 The dark decade of
they contend with post-trauma stress disorder,
1982-1992 was not conducive for economic
ulcers, amnesia, bouts of clinical depression,
growth. It was occasioned by reduced investor
high blood pressure, severe headaches,
confidence, reduction of aid and rampant
asthma, nightmares, sleeping disorders,
corruption. The impact of the plummeted
chronic back pains as often the Special
economy was heavily felt by the middle and
Branch Police /government agents kicked and
lower class citizens who struggled immensely
stepped on the victims’ backs, and poor eye
to make ends meet. 218According to one of
sight because of being held for long in pitch
the key informant interviewees, these atrocities
dark cells. A number of victims suffer from
costed Kenyan economy approximately Kshs.
erectile dysfunction. Victims214 also had to seek
200 billion.
specialised treatment after their ordeal at Nyayo
House and continue to be under specialised
treatment and medication to manage their poor
health accruing from Nyayo House ordeal.215
210
Supra Note 135.
211
Supra Note 177.
212
See for example, Samuel Kaberere Njenga vs. Attorney General. The peti-
tioner was a third year student at University of Nairobi when he was expelled by
the institution after he was arrested. Also see Robert Wafula Buke vs. Attorney
General. The petitioner was unable to complete his degree course at the Uni-
versity of Nairobi following his arrest, detention and sentence.
213
Supra Note 192.
214
See for example, Jackson Maina Wangombe vs. Attorney General. The peti- 216
tioner had to be operated at Kijabe Hospital after he was tortured for 30 days at 217
ibid.
Nyayo House for injuries sustained. 218
United Nations Development Programme, Human Development Report, Ox-
215
Supra Note 32 at p. 59-60 also see for example, Wilson Nduati Njoroge v. ford University Press, New York(1991) P. 16 and also see generally, United
Attorney General, the petitioner had to seek specialised treatment in United Nations Development Programme, Human Development Report 2015; Work
States. Also see, Gitari Cyrus Muraguri vs. Attorney General, the petitioner had for Human Development, Brief Note for Countries on the Countries on Human
to have 2 brain surgeries because of blood clots that developed as a result of Development-Kenya. http://hdr.undp.org/sites/all/themes/hdr_theme/coun-
his Nyayo House ordeal. try-notes/KEN.pdf [accessed on 2nd November 2016].
50
FOOTPRINTS OF
Fundamental Matters for

Consideration by KNCHR
The diabolical acts that the victims of Nyayo who filed suits against the government persons
House and other victims# experienced still as a cash-cow. Thus state attorneys in the
remains a difficult subject matter and deeply course of defending the government in Nyayo
emotional one. KNCHR may want to consider House and other victims# cases advanced this
the following matters in respect of this subject notion to persuade the courts to dismiss the
matter, as it fulfils its mandate. suits, and in some cases did not respond to the
victims’ claim by way of affidavit as required
by the law.221 Interestingly, in the course of this
Pursue the Implementation of
research this ‘cash-cow’ notion featured as the
Other Forms of Reparations reason as to why there were inordinate and
unjustifiable delay in compensating the victims
A cursory glance at the court cases filed
as ordered by the courts.
by the Nyayo House victims and other
victims# illuminate that the Kenyan courts
Throughout the research, the victims
comprehended the difficulties in adducing
emphasised on the need to consider other
evidence against government in cases of
forms of reparation because compensation,
torture. Hence, the courts in line with Articles
‘counts for nothing’ in comparison to the
22(3) (b) and 22(3) (d) of the Constitution of
losses they have experienced. In the victims’
Kenya 2010 on the enforcement of the Bill
view the negligible nature of compensation
of Rights had latitude towards procedural
is magnified considering the protracted
technicalities on victims’ cases and awarded
procedures the Nyayo House victims and other
them damages, upon declaring the victims’
victims# have to undergo to execute courts’
fundamental rights and freedoms had been
judgements of compensation. For instance,
violated. Example of such cases are wherein
15 Nyayo House victims who were petitioners
the victims did not proffer details on violation
in Benedict Kariuki & 14 Others vs. Attorney
of their rights to fair trial under Section 72 of
General intimated they received compensation
the Repealed Constitution,219 or details of
from the Kenyan government after 3 years of
specific dates of arrest and torture.220 While
aggressive advocacy from the date the court
this is commendable, it has engendered notion
rendered its judgement. Another example is
among state attorneys at the Office of Attorney
the case of Harun Wakaba whose estate filed
General and Department of Justice that the
a suit in 2014, the Estate of Harun Wakaba vs.
victims are insincere persons and opportunists
Attorney General Miscellaneous Application
219
See for example, Edward Akongo Oyugi vs. Attorney General. The petitioner
No. 439 of 2014222to compel the Attorney
did not demonstrate whether he was convicted on his own plea and did not
proceed court proceedings to prove he was charged for offence of sedition after
General to comply with court judgement223 that
he was tortured at Nyayo House.
220
Supra Note 153, Supra Note 154 and the case Munene Kamau vs. Attorney Supra Note 150.
221
General wherein the petitioner did not specific dates he was arrested and tor- Supra Note 65.
222
tured, but was nonetheless awarded Kshs. 1,000,000. ibid.

223
51
was rendered in 2010, where the deceased General, Petition 424 of 2013.224 The court
had been awarded general damages as a dismissed this petition because the petitioner
victim of Nyayo House. Ruefully, the Estate of did not adduce uncontroverted evidence in
Wakaba suit was dismissed due to procedural court to advance his claims of having been
technicality and therefore these victims have to tortured including being tortured a few hours at
continue pursuing the Kenyan government to Nyayo House.
compensate them as Wakaba’s estate.
One of the key informant interviewees candidly It is vital to note that a vast majority of the
and ruefully stated, ‘Government has not taken Nyayo House victims and other victims#
proactive measures to reach out to the victims. filed suits against government without legal
The compensation for torture awards take representation. It is because Kenya did not have
between 2 and 3 years or even longer because a legislation or a cogent national framework on
it is not a priority item on the government’s legal aid that would have secured the victims
budget. Torture victims are paid grudgingly legal representation, at the time they filed their
with available left-overs.’ This position is true suits. Therefore, the quality of petitions filed by
considering the defensive views of a senior the Nyayo House victims and other victims#
state attorney at the Office of Attorney General were rather anaemic in terms of evidentiary
and Department of Justice who justified delays value of alleged facts of human rights violations.
in paying compensation to the Nyayo House It is therefore not surprising that the victims’
victims and other victims#. The attorney stated, experiences as deponed in their petitions
‘It should be understood that the Government were collective and devoid of addressing
financial year runs from July- June and by their individual violations adequately: the
which time it already has earmarked activities victims emerged as statistics and hence the
for its budget which often does not include compensation were grossly inadequate. The
compensation to successfully plaintiffs that courts noted this shortcoming. In the case of
have sued the government. Thus such plaintiffs Njuguna Githiru vs. Attorney General225, the
have to wait till the next financial year or the one presiding judge noted, ‘ While this Court has
thereafter to receive compensation.’ been lenient in the past because of the nature
of the claims, it is becoming increasingly
Also, understandably some of the victims difficult not to see the prejudice the drafting of
that were invited to take part in this research pleadings is causing to the Parties including the
shied away from key informant interview: the Petitioners themselves.’
subject matter remains a painful and difficult
one when examined from the premise of Further, the need to consider implementing
compensation. This underscores the need for other forms of reparation is underscored as
other forms of reparations to be pursued with it is apparent the curtain has been drawn on
a view to implement them. It is critical when it compensation to the victims of Nyayo House
is considered that not all Nyayo House victims and other victims.# Kenyan courts are no
who filed suits were awarded compensation. longer entertaining suits from such victims on
For example, Joseph Migere Onoo vs. Attorney the premise of inordinate delay. Cases in point
224
Joseph Migere Onoo vs. Attorney General [2015] eKLR.
225
ibid.
52
FOOTPRINTS OF
are Wamahiu Kihoro Wambugu vs. Attorney concern to KNCHR, in future similar cases.
General, Petition No. 468 of 2014,226 in which
the petitioner filed the suit after 28 years from Against this aforementioned background then,
date of alleged human rights violations, and KNCHR should explore the following forms of
Maurice Oketch Owiti vs. Attorney General, reparation for the Nyayo House victims and
Petition No. 227 of 2014 227
in which the other victims#:-
petitioner filed the suit 27 years from the date of
alleged human rights violations. These petitions 1. Follow up with relevant government
were dismissed by the courts on the principle of agency to ensure that Reparation Fund
inordinate delay. is established and implemented within
the time frame of 3 years as decreed
Although the Nyayo House victims and other by the President of the Republic of
victims#’ petitions were sustained, it is primarily Kenya.
because the State through the Attorney General
did not respond to the allegations by these 2. Endeavour to secure rehabilitation that
victims. Such cases include, Rumba Kinuthia includes medical, psychological, legal
vs. Attorney General,228 Harun Thungu Wakaba and social services for the victims.
vs. Attorney General,229 Gitari Cyrus Muraguri
vs. Attorney General,230 and Cornelius Akelo 3. Endeavor to secure satisfaction in the
Onyango vs. Attorney General.231 The common form of commemorations and tributes
trend in these Nyayo House cases were the to the victims.
failure by Attorney General to comply with Rule
16 of the Constitution of Kenya (Supervisory At the time of conducting this research,
Jurisdiction an Protection of Fundamental the Nyayo House basement and cells
Rights and Freedoms of the individual) High where the human rights violations
Court Practice and Procedure Rules, 2006 took place were yet to be established
states that the “Attorney General … shall either as a museum or memorial as
within fourteen days of service of the Petition, anticipated when they were opened
respond by way of a replying Affidavit and if any to the members of public in 2003.
document is relied upon, it shall be annexed The intention of having museum and
to the replying Affidavit” The Rule required the memorial is to serve as a reminder
Attorney General to file a replying affidavit, and of the dark past that Kenya should
thus rebut the evidence by the petitioners of never revert to in terms of human
alleged torture. In the absence of the affidavits rights violations. It is also critical to
the court admitted the claims of the petitioners have a museum or memorial when
and awarded them damages. What underlies it is considered that there is scarce
the non-appearance by the government or information in the public on these
failure to file defence should be a matter of heinous human rights violations that
took place during the Nyayo era-lest we
226
Wamahiu Kihoro Wambugu vs. Attorney General [2016]eKLR.
227
Maurice Oketch Owiti vs. Attorney General [2016] eKLR. forget. This form of reparation is also
228
Supra Note 149.
229
Supra Note 65. imperative in Kenya’s current ‘new’
230
Supra Note 134.
231
Supra Note 163. constitutional dispensation where
53
there is deep concern on threats and High Court in executing its mandate
actual human rights violations in the under Article 165 of the Constitution,
discourses of terrorisms and national 2010. The Judiciary must therefore
security vs. human rights. never slumber and should not fall into
the obvious ignoring of the past.’233 The
4. Support inclusion of violations in need for KNCHR to support Judiciary’s
human rights law and educational independence as guaranteed in the
training at all levels; and effective Constitution cannot be gainsaid. It is
measures aimed at cessation of because independence of judiciary is
continuing violations. the vanguard for respect, protection
and promotion of fundamental rights
This form of reparation is fundamental and freedoms. Given KNCHR’s role
in view of Articles 19(1) (2), Articles janus-faced role on one hand as
20(1) and 21of the Constitution of government’s advisor and on the other
Kenya as read together with Article hand as government’s watchdog, it
10 of the Constitution of Kenya 2010, can be on the forefront in securing
which impose an obligation on state Judiciary’s independence.
officers to uphold the Bill of Rights.
Protection of human rights defenders,
5. Advocate for guarantees of non- the media and lawyers is increasingly
repetition that includes: strengthening under a huge threat. The need for
of independence of judiciary; protection KNHCR to advocate for their protection
of lawyers, human rights defenders cannot be gainsaid. Supremely,
and the media; and continuous human KNCHR’s advocacy for protection of
rights education to law enforcement human rights defenders, the media
agencies. and lawyers dovetails with KNCHR’s
mandate as a human rights watchdog.
Fortunately, the Judiciary has
strived and continues to assert its
independence. This is demonstrable,
Personal Responsibility for
for instance, in the case, Jennifer Public Officers
Muthoni Njoroge & 10 Others vs.
Republic,232 wherein Lenaola, J stated One of objectives that informed this study is
emphatically, ‘As the new Constitutional KNCHR seeking recommendations to attach
dawn continues to unravel its mysteries, personal responsibility for public officers
one lesson is clear; the Kenyan Courts who act in contempt of rule of law. This
may have failed the people in the past recommendation will be explored in the context
but today it can be said with …the of this research.
supremacy of the Constitution rather
than any organ of government is what The government agents and officials who
guides the Courts and especially the committed acts of torture, cruel and inhuman
232
Supra Note 111. 233
ibid.
54
FOOTPRINTS OF
and degrading treatment alongside other human naïve on the part of the respondent to expect
rights violations are known to most of the Nyayo the plaintiff to have asked his tormenters for
House victims and other victims# .The Nyayo their particulars when he was undergoing such
House victims averred in their petitions that an ordeal. In the circumstances under which
the acts of torture were conducted by police the arrest and detention was done I doubt
officers known as James Opiyo, C.N. Mungai, whether the plaintiff would have known the
and Mr. Miriti, which was not controverted identity of the police officers who manhandled
by the State. The defence attorney from the him.’ Similarly, Lenaola, J in Jennifer Muthoni
Office of Attorney General and Department of Njoroge & 10 Others vs. Republic aptly
Justice in these suits issued counterclaims that articulated this difficulty, ‘One James Opiyo
the Nyayo House victims should have sued has been named as the leader of the of the
the persons who tortured them rather than torture squad at Nyayo House at the material
the government through the Attorney General times. Would it be expected that the Petitioners
as its legal representative. The Nyayo House should politely call Opiyo and ask him to call his
victims and other victims# did not sue person juniors to testify of their actions? Obviously not.’
who tortured them because of the challenges
that emerge around cases of torture. Notable By its definition, torture is usually committed
two challenges which the Kenyan courts have by public officers. In jurisdictions where
acknowledged so far are:- torture is committed there is tacit state policy
to sanction it. As we have established above,
First, in cases of human rights violations such the TJRC found the police culpable and
as torture the victims tend to seek legal recourse Judiciary was implicated in the human rights
when they are certain they will get relief, which violations committed at Nyayo House because
is often after a passage of time in a new political of the manner in which it conducted the cases
or constitutional dispensation. By then there is brought against the victims during the two
possibility that public officers who committed dark decades.235So far, the prevailing domestic
torture are dead which would mean then that jurisprudence has been for victims of torture to
victims of torture cannot seek recourse against sue the state.
the torturers; and thus the victims are only left
with the option of suing the government. In support of this jurisprudence the Kenyan
Judiciary has acknowledged that given the
Second, the victims would face immense State has an obligation to not to commit torture
difficulties in effecting service of the filed and has all resources in its arsenal to prevent
petitions against the public officers that have acts of torture, the State has to be effectively
violated their fundamental rights and freedoms. deterred. Lenaola, J in Bernard Kihiu Matama
To say the least, it would be herculean. Musinga vs. Attorney General236, stated “It is true
J, noted in Gitari Cyrus Muraguri vs. Attorney that the State today cannot shut its eyes for
General234 the challenge victims would have to the failings of the past. It must pay the price
contend with in suing public officers in their for its historical faults. I must also agree with
personal capacity ‘…in this case, I think it is the Petitioners submission that the instant
235
Supra Note 42.
234
Supra Note 134. 236
Supra Note 86.
55
petition should be approached in the context of human rights violations are ‘paying themselves
transitional injustices especially now that there compensations.’ This is rather absurd.
is a new dispensation under Constitution 2010.
Time is ripe for addressing past injustices that Nyayo House victims perceive that
included gross violations of fundamental rights compensation is not an adequate reparation
and freedoms as witnessed in the past.” By the considering the cost of compensation is paid
same token, Lenaola, J observed, in Jennifer by the State and public officers who tortured
Muthoni Njoroge & 10 Others vs. Republic ‘… them are technically absolved from personal
it is quite obvious to me that as a lesson for the responsibility. One of the key interviewees who
future, the State must today pay the price for its is a victim of Nyayo House stated emphatically,
failings in the past.’237 ‘Most Nyayo House torturers are still alive and
are walking around as free men. They and their
In the face of the aforementioned can public masters should be rounded up and flown to
officers who act in impunity be held personally International Criminal Court to face charges
responsible? The Constitution of Kenya, 2010 is of crimes against humanity, torture, cruel and
transformative. It provides a cogent framework inhuman treatment. No one should be spared,
under which State officials and all persons are Moi included.’
bound to uphold the Bill of Rights. Article 20(1)
of the Constitution stipulates, ‘The Bill of Rights Already, there are indications that it is possible
applies to all law and binds all State organs to attach personal responsibility to current
and all persons.’ Also, Article 23(3) of the public officers and former public officers for
Constitution stipulates one of relief available to their conducts while in office. The case of
persons instituting proceedings for enforcement Otieno Mak’ Onyango vs. Attorney General and
of their rights is compensation. Therefore, Daniel T. Arap Moi238 sets the precedent of this
persons whose rights have been violated can possibility. The facts of this case is similar to
invoke these constitutional provision for public the Nyayo House cases. The petitioner who was
officers who act in impunity to be held personally a journalist had been held for many days and
responsibility pay compensations for their acts, tortured at the General Service Unit because
rather than have the compensation paid by the of articles he published on the failed coup of
State. This could be an effective deterrence for 1982. He filed suit against the Attorney General
impunity by public officers and also incentive and the former president Daniel T. Arap Moi
for the officers to uphold the rule of law. This seeking compensation. Appellate judge Rawal
argument and premise is plausible when it is J, (as she then was) stated in Obiter dictum,
considered that whenever the government is ‘Let me put it on record that this court, or in that
sued for human rights violation by state officers/ respect any court, shall not hesitate to hold the
public officers, and victims are awarded ex-President personally liable for any misuse,
damages that the compensation is drawn from excess or abuse of power to the detriment of
the Consolidated Fund. Given the Consolidated any person.’
Fund is drawn from taxpayers’ monies, then it Therefore, in the exercise of its mandate
stands to reason that the citizens who sue for KNCHR can ensure public and state officers
Otieno Mak’ Onyango vs. Attorney General and Daniel T. Arap Moi[2012]
238
237
Supra Note 231. eKLR.
56
FOOTPRINTS OF
who act in act in impunity including violate the have sought reparation in form of compensation.
Bill of Rights are held personally responsible. Kenyan courts awarded them compensation
This is ostensible in view of the transformative which cost the taxpayers Kshs. 372,524,
constitution that emphatically imposes an 686. While this may seem astronomical from
obligation on all state officers and all persons taxpayers’ perspective, it is negligible when
to uphold the Bill of Rights. Further, the compared to the lost opportunities borne by
Constitution and Kenya’s legal framework has the victims. It is therefore critical that other
established offices that are valve and refuge to forms of reparations for the Nyayo victims and
state officers and public officers to escape from other victims# are implemented and for the
coercion into violating the Bill of Rights: there is public officers and state officers who act in
no justification for any state officer and public hold contempt of the rule of law and violated
officer to act in impunity. human rights to be held personally responsible.
Fortunately, the Constitution of Kenya, 2010 is
Conclusion
transformative and makes it possible to have
such level of accountability.
The study has demonstrated that there is a

high cost that is paid for impunity. This cost is
not borne only by the tax payer but the victims
and survivors. The exposition of the experience
of victims of Nyayo House shows that the
consequences of the violation still, reverberate
decades after the violation. There could be
untold stories and experiences that might not
have been captured at the time. To be more
precise the cost of impunity whether committed
decades ago or now will continue to be felt. The
courts have executed their mandate and shown
that the victims or survivors human rights were
violated and entitled to compensation. KNCHR
feels that steps need to be taken to deter would
be violators from blatantly breaching the bill of
rights. It is for this reason that costs of these
infractions must be borne by the individual
violators. Article 10 (1) provides the legal basis
for this statement. Actions that can be taken
include orders to make financial compensation,
decrees against the individual, orders barring
the individual from holding public office.
The victims of Nyayo House and other victims#
57
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FOOTPRINTS OF

COUNTING THE COST OF HUMAN RIGHTS VIOLATIONS

COUNTING THE COST OF

Kenya National Commission on Human Rights

NYAYO HOUSE TORTURE CHAMBERS

COPYRIGHT CONTACT INFO

The contents of this Kenya National Commission on Human Rights

PRINTING: Myner Logistics Limited / Email: mynerlogistics@gmail.com

Operating Environment 3-6

Reparations for Victims of Nyayo House 7-46

The Irreparable Lost Opportunities Borne by the Victims 47-50

Fundamental Matters for Consideration by KNCHR 52-57

This report has been compiled through desk

This report is prepared by, and pursuant to the

Although Kenya was not a State Party to Decade of Fundamental Rights

Some of the victims were remanded for months

Once convicted and sentenced on their plea of

The victims who were released by the Special

aspx [Accessed on 2nd November 2016].

Satisfaction: Verification of Facts ordeal.34 The third category comprises 13

Satisfaction: Public Apology and

In partial fulfilment of the recommendations

To-date the most tangible reparation that victims

Compensations to Nyayo House Torture Chambers Victims

James H. Gitau Mwara vs. Attorney General (unreported).

See Kenya Law Reports, http://kenyalaw.org/caselaw/ [accessed 13th

February 2017]. Unreported.

to the petitions noted that exemplary damages

This research revealed that 126 suits were filed

This report distinguishes cases in which the

Compensation to the victims tortured at Nyayo House

No.133 of 2011 consolidated with Petition Nos. 68 of 2011, 37 of 2010, 36 of ibid.

2011, 35 of 2010 and 36 of 2010). ibid.

5 years imprisonment on his plea High Court, and on further appealing to

suit against the government, Benjamin to overthrow government and was

for those violations. He was awarded be compensated for those violations.

prejudicial to the interest of Kenya. her to disclose the whereabouts of her

55. Jennifer Muthoni Njoroge was held

& Internal Security & 3 Others [2016] eKLR.

government, James Omwenga Achira Security Prison under deplorable

Pitalis Owenyo Justus Agutu vs. to serve 5 years imprisonment on his

offence of being a member of unlawful on suspicion of being a member

Waruiru Muhia vs. Attorney General, the government, Kangethe Mungai

Application No. 494 of 2003174, at the Compensation to the estate of

awarded the petitioners as the legal

Compensation to torture victims 184 of 2011181, at the Constitutional

by Special Branch Police. He filed a the Consolidated Fund and stipulates

Breakdown of Family coping mechanisms to survive by the day:

caused them to be constantly apprehensive, is severely injured as a result of torture he

Loss of Employment and Income

job as a journalist when he has detained. Also Florence Nyaguthie Murage

the victims’ family members died because Cost to Kenyan Economy

Fundamental Matters for

tured, but was nonetheless awarded Kshs. 1,000,000. ibid.

The study has demonstrated that there is a

The victims of Nyayo House and other victims#

North Rift Regional Office - Kitale

Western Regional Office- Kisumu

North Eastern Regional Office- Wajir

Center for Human Rights,

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