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Man to sue state for detention over Westgate terror link

By WILFRED AYAGA | October 25th 2013


The Aga Khan Hospital was yesterday directed to prepare a medical report for a man held in the aftermath of the Westgate Mall attack on suspicion of terrorism.

Justice Isaac Lenaola directed the hospital to provide Ali Gitonga with a medico-legal report, which will enable him pursue legal proceedings against the government for wrongful detention.

The court granted orders sought by Gitonga who claims he was wrongfully detained by Kenyan security agents on suspicions of having been involved with Al-Shaabab terrorists that attacked the Westgate Mall.

Gitonga was later released without any charge after his family moved to court to challenge his continued detention at the Forces Memorial Hospital.

Yesterday, Gitonga’s lawyer, Mbugua Mureithi, appeared in court following earlier orders granted by Justice George Odunga allowing him to amend the petititon filed by Gitonga’s wife, Khadija Gitonga.

According to Gitonga’a lawyer, the medico-legal report Gitonga is seeking will help determine if the bullet that hit him during the Westgate Mall attack was fired by the police or Al-Shabaab terrorists.

Gitonga claims that the bullet was fired by the security forces who later branded him a terrorist.

Mbugua informed the court that Aga Khan Hospital had already provided Gitonga with doctors’ notes and discharge details before his forceful transfer to Forces Memorial Hospital where he was detained for more than two weeks.

The judge directed the matter to be mentioned before Justice Mumbi Ngugi on November 5.


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