Koigi wa Wamwere in court over Sh12 million compensation

The Supreme Court is set to hear an appeal filed by former Subukia MP Koigi wa Wamwere challenging the Sh12 million compensation awarded by the Court of Appeal in March for inhumane detention and torture.

Mr Koigi first moved to the High Court in 2009 seeking compensation from the State for his two stints of detention without trial and torture during the Kanu regime.

He also sought compensation for torture at Nyayo House chambers in October 1990 and at Kamiti Maximum Security Prison from October 1990 to January 1993.

In 2012, High Court Judge Mumbi Ngugi awarded Koigi Sh2.5 million, noting that the detention in Nyayo House between October 8 and 19, 1990 and the holding of the petitioner with condemned prisoners at Block G at Kamiti Maximum Security Prison violated his rights under Section 74(1) of the Constitution.

Unhappy with the judgement of the High Court, Koigi moved to the Court of Appeal demanding Sh200 million in compensation. The Court of Appeal in its decision noted that the award from Sh2.5 million was inadequate and increased the award to Sh12 million.

The appellate court, however, dismissed the Sh200 million demand.

"We think the Sh2.5 million awarded to him as the global general damages was patently inadequate... We find and hold that the appellant is entitled instead to damages in the global sum of Sh12 million with interest at court rates from the date of the judgement of the High Court appealed against," Court of appeal ruled.

The award by Court of Appeal, nonetheless, aggrieved Koigi, who headed back to the court seeking certification and leave of appeal to move to the Supreme Court to challenge the March 2015 decision.

Appellate judges Philomena Mwilu, John Mwera and James Otieno Odek, who heard the case, allowed Koigi to challenge the global award of Sh12 million. The Court of Appeal noted the case raised issues on the interpretation of the meaning of the phrase 'global award' used both by the High Court and Court of Appeal.