AG asks court to dismiss man’s torture case

By Evelyn Kwamboka

A case in which a man seeks compensation for being tortured at Nyayo House basement in 1986 has been overtaken by events.

Attorney-General Amos Wako said on Monday the case should have been filed at the High Court 15 years ago.

He argued that the time limit for filing claims against the State is one year and not later than that.

Through Senior Principal Litigation Counsel Anthony Ombwayo, the AG said the case is an inconvenience to the Judiciary and police.

He said there is no evidence in court showing who tortured the man and whether the Nyayo House torture chambers existed.

"The case should be dismissed because it was filed out of time and there is no evidence that the petitioner was discriminated or tortured," he said.

Speaker’s authority

The AG asked High Court judges Hannah Okwengu and George Dulu to expunge doctors’ reports and newspaper cuttings in support of Mr Wachira Waheire’s case.

He also told the judges to do away with Hansard proceedings Waheire filed in court, on grounds he did not seek National Speaker Kenneth Marende’s authority to do so.

Waheire, who worked as a commercial officer at Associated Battery Manufacturers in Nairobi, claims his constitutional and fundamental rights were violated.

In his compensation claim filed in court in 2003, Waheire is seeking a declaration that the police and Government officials grossly violated his fundamental rights and freedoms.

He was allegedly arrested on December 2, 1986 and locked up at Jogoo Road Police Station before being moved to Nyayo House basement.

"I was interrogated while naked for lengthy sessions while hungry, thirsty and without sleep," he said in an affidavit filed in court on October 7, 2003.

Waheire who had no advocate representation then, was arraigned in court on December 17, 1986 where he pleaded guilty to the charges of taking an illegal oath and failure to prevent a felony.

Plead guilty

On Monday, he claimed the court allowed the same police officers that allegedly tortured him to stay in court thus psychologically forcing him to plead guilty and failed to act as a custodian of his rights.

The judges will deliver their judgment on December 4.

 

 

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