By WAHOME THUKU
Former Assistant minister and Subukia MP Koigi wa Wamwere has made a name as a crusader for democratic and political rights. And he has paid dearly for that.
On August 9, 1975, Koigi was arrested by police in Nakuru town and locked up at Elburgon Police Station.
On September 3, he was detained without trial for allegedly working with persons who were "hostile to the popularly elected Government of Kenya and his Excellency President Jomo Kenyatta" with intention to overthrow the Government. He was freed on December 12, 1978 after Kenyattaâs death.
On August 5, 1982, days after a coup attempt, Koigi, then Nakuru North MP, was arrested and detained without trial up to December 12, 1984. He then fled into exile in Norway. On October 8, 1991, Koigi was again arrested in Uganda and brought to Kenya. He was charged with treason before a Nairobi Chief Magistrate court. He was remanded at Kamiti Maximum Security Prison up to January 19, 1993 when the State terminated the case.
On November 5, 1993, Koigi was again arrested and charged with attempting to rob a police station. He was convicted and jailed but was acquitted by the High Court on appeal in November 1997.
In 2003, Koigi won Subukia parliamentary seat and was appointed Assistant minister for Information by President Kibaki. He lost the seat in the 2007 General Election.
On December 30, 2009, he filed a petition at the High Court seeking to have the two detentions, his incarceration at Nyayo House and the trial for treason and attempted robbery declared violation of his rights under sections 72, 74, 77 and 79 of the old Constitution.
Reasonable grounds
He asked for Sh100 million in damages and another Sh100 million as compensation.
State contested that the petition lacked clarity and precision. The Attorney General argued that the petitioner had not proved that the violations were committed by State officers and not private persons in which case the Government would not be liable.
