Longest serving detainee at Nyayo torture chambers

By Kevine Omollo

Kenya: Histories have been told about the Nyayo Torture Chamber, but some facts have remained under the carpet about what exactly transpired in the rooms.

Having been the longest serving detainee at the scary chambers, Israel Agina holds memories which have been recounted by many but hopes the country will one day know the truth about the humiliation its liberators suffered to bring Kenya to this point. 

Agina kept off politics after his battle with the dictatorial regime as opposed to other leaders who rewarded themselves with large parcels of land, political positions or financial favours from the international community.

His decision may have saved him from public pressure but has also impacted negatively on his personal well-being.

Two years ago, he won a case against the Government over his unfair detention during the past regimes and was awarded Sh2 million.

Given the fact that most judicial positions are held by people who understand the struggle Kenyans underwent to achieve political freedom and democratic governance, Agina thought he would need less energy to reclaim his stolen rights.

“I have not received a single cent up to date. I was told my case file was misplaced at the courts and nothing can be done without it,” he says.

Agina who lives in Kisumu now looked to his eight children and personal effort to establish a small construction firm. That is his only achievement in the entire fight for freedom.

But he says he has no grudge against anybody. “I have forgiven all those who tortured me there since they were working under instructions from their masters.”

 Even though his role in the second liberation has not been widely spoken about, Agina remains the man who bore the most pain, having served for three months in the horror house.

Baseless trial

He was first arrested in 1968 on his way from Tanzania where he had been in the company of his great friend, Jaramogi Oginga Odinga. Agina had just returned from South Korea where he studied mechanical engineering.

He remembers that on that day, the police checks at Kajiado were unusual. He was apprehended and taken to Kajiado Police Station where he was questioned for hours before being transferred to Old Jogoo House.

Political temperatures in the country were rising each day and as a young Kenyan in his 20s, Agina was no doubt a worried man. Mere political affiliations could land one in a detention camp, or even dead.

He was tried on allegations that he wanted to overthrow the government and sentenced to four years imprisonment. “John Hobbes was the prosecutor and I remember there was no basis for my trial but he still imprisoned me,” he recounts.

His appeal before Chief Justice Kitivi Mwendwa was swept under the carpet and the statement he remembers from the Judiciary boss was; “If you play with fire, you have to be burnt no matter how young you are.”

Exile in Germany

After his release, the environment was still unfriendly. Those suspected to be agitating for liberation continued being targeted by the government.

He went ino exile in Germany.“I was still on the radar and I had to be careful to avoid being a victim of political assassination,” he adds.

With his knowledge of engineering acquired in South Korea and Germany, he felt the urge to come back to the country. He sneaked his way back and settled down as the atmosphere seemed cooler.

One day, after the 1982 attempted coup as he was going about his normal duties at work in Nairobi, a contingent of police officers from the special branch paid him a visit.

He sensed danger and swiftly sneaked out of the premises, signalling his secretary. When the men in suits asked the whereabouts of a Mr Agina, the secretary responded; “He is not around. He nowadays comes late and we cannot predict when he will be in. Perhaps you can check in later.”

Agina says that surprisingly, they accepted the response and walked away. This was the only chance he had to disappear. He would not wait to have a glimpse of the same experience he had gone through for four years. He went to Uganda.

He later learnt that the men had come back and directed that he reports to the Criminal Investigations Department to record a statement.

In 1985, President Moi declared amnesty to all dissidents living in exile across the globe and this brought a smile to the faces of people of Agina’s calibre. He came back to the country but his smile was cut short immediately when he got slapped with another arrest. He stayed in Naivasha Prison for another nine months before eventually being released. “I think I suffered most because I refused to admit to the charges they laid against me,” he asserts.

On September 3, 1986, special branch officers raided his residence in Buruburu Estate, searched his house and arrested him again. He was taken to Westlands Police Station to record a statement before being moved to Nyayo Torture Chambers. “I stayed there for 96 days. It was horrible. No other detainee stayed there that long,” he recounts.

The detainees were denied food, sleep and placed in water-logged rooms. “A lot of people admitted these charges under coercion and some were either killed or released,” he says.

After the 96 days, Agina was taken to Wilson Airport where he was served with a detention letter and then airlifted to Naivasha Prison. Here, he stayed for a year before he was transferred to Kamiti’s Block G, in an isolated room.

He would regularly appear before the Detained Persons Review Commission chaired by Majid Cocker which would revisit and review charges.

 He was released in July 1989.