How torture and detention cost taxpayers billions

Kenneth Matiba and his wife Edith in hospital after he was released from detention JUNE 199.[FILE] Kenya's flawed security and justice system is costing taxpayers billions of shillings in compensation for unlawful detentions and torture, raising concerns over accountability and systemic failures. On August 16, 2017, the appellate court awarded Kenneth Matiba a whopping Sh504,810,889 for torture, cruel and inhuman treatment, medical expenses, and compensation for financial losses occasioned by the collapse of his business and financial ventures. Justices Isaac Lenaola and Chacha Mwita stated that real justice can be expensive and that no amount of compensation could restore Matiba to the agile and fit man he was before his detention and stroke. "Nothing in compensation can return him to the business mogul that he once was and who towered over the political and financial landscape of Kenya like a colossus. His days are numbered according to Dr Gikonyo and so let this judgment merely serve as a warning to the State that each Kenyan life matters and that it should never treat any of its citizens the way that it treated Mr Matiba, whatever disagreements agents and officials of the State at the time may have had with him," said Justice Lenaola. Nyayo House torture The judges noted that over the last couple of years, the High Court has been inundated with claims from victims of past violations of fundamental rights and freedoms seeking, inter alia, orders of compensation for such violations and losses incurred under the past regime Justice Lenaola stated that many victims included political leaders of the time, such as Koigi Wamwere and Gitobu Imanyara, among others. "The High Court has in almost all such cases found the State culpable and has been unrelenting in doing so," said Justice Lenaola. Matiba was arrested on July 4, 1990, locked up at Lang'ata Police Station, and served with a detention order for allegedly attempting to overthrow the government. His detention, he was told, was necessary to preserve public security. Matiba and Charles Rubia had, on May 3 1990, held a press conference in Nairobi, demanding the repeal of Section 2A of the then Constitution of Kenya, the dissolution of Parliament, and the holding of fresh elections. Matiba was arrested as he prepared to hold a rally at Kamukunji Grounds on July 7, 1990 to explain to the public the merits of a multiparty system of government. Subsequently, on March 6, 2015, the Appellate Court awarded Wamwere, a warrior of conscience and a veteran of Kenya's democratisation struggles, Sh12 million for detention without trial, torture, and false arraignment on fabricated robbery with violence charges. Justices Philip Waki, Patrick Kiage, and Jamila Mohammed set aside the Sh2.5 million previously awarded by the High Court (Justice Joel Ngugi) and ruled that the damages for torture at the macabre Nyayo House cells and while held in Kamiti's Block G were patently inadequate. "Accepting that the award of damages is not an exact science, and knowing that no monetary sum can really erase the scarring of the soul and the deprivation of dignity that some of these violations of rights entailed, 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 judgment of the High Court appealed against," said the appellate judges." Wamwere had sought Sh200 million in damages for his detention without trial, torture at Nyayo House Chambers for 11 days from October 8, 1990 to January 19, 1993, and his false arraignment on November 5, 1993 for robbery with violence. Likewise, Imanyara was awarded Sh15 million by Justice Lenaola for torture, illegal detention, and violation of his rights. Imanyara stated that he was falsely charged with fabricated offences and jailed for five years for representing Air Force personnel implicated in the 1982 coup attempt. After his release, he was abducted from his house at Ngumo Estate by unidentified men, thrown into the trunk of a Peugeot 504 station wagon, and taken to Nairobi Area Police Station, where he was detained until 3am. He was then transferred into a Volkswagen Kombi and made to lie on the floor behind the driver's seat while blind folded. For the next three hours, officers in the vehicle severely tortured him, trampling on his body and assaulting him with rubber clubs on his genitalia and ankles. As a result of the beatings, he lost his sense of hearing and was unable to walk. He was later transferred to the Nyayo House basement and placed in a waterlogged underground cell for 10 days. He was held in detention without trial until on or about July 22, 1990 when he was charged with sedition. Similarly, Bedan Mbugua was awarded Sh7 million, while Hon Njeru received Sh10 million on the same date by Justice Lenaola. Miguna deportation On December 1, 2018, Justice Mwita awarded Miguna Miguna Sh7 million for being held incommunicado and for the violation of his rights and fundamental freedoms by the police. Miguna stated that on February 2, 2018, a group of police officers broke into his house in Runda Estate, Nairobi, using explosives to gain entry and arrested him. He was taken to Kiambu Police Station, then Githunguri Police Station, and later Lari Police Station, where he was held for several days. Miguna accused the police of holding him incommunicado, subjecting him to torture, forcing him to stand for long periods, and feeding him only twice throughout his detention. He was eventually taken to Jomo Kenyatta International Airport (JKIA) and deported to Canada after being declared a prohibited immigrant, with his passport suspended by former Interior Cabinet Secretary Fred Matiang'i. On July 21 2010, Justice Hannah Okwengu awarded a total of Sh36.2 million to 10 people for being held in incommunicado by police in a completely dark cell at Nyayo house and for violation of the fundamental rights and freedoms. Justice Okwengu also awarded Harun Wakaba Sh3 million for being held in incommunicado and for violation of the fundamental rights and freedoms. Rights and freedoms On August 2, 2012, Justice Lenaola awarded Sh30.4 million to 10 persons after determining that their fundamental rights and freedoms were contravened and grossly violated by the Special Branch Police Officers on diverse dates and diverse days at Nyayo House Torture Chambers. "Having held as above, I can only conclude by stating that each petitioner has shown that they suffered in the past for the mere fact that they may have held political and other opinions that were not popular with the government of the day," said Justice Lenaola in his judgement. He further stated that "As the new Constitutional dawn continues to unravel its mysteries, one lesson is clear, the Kenyan Courts may have failed the people in the past but today it can be said the supremacy of the Constitution rather than any organ of government is what guides the Courts and, especially the High Court in executing its mandate under Article 165 of the Constitution, 2010." On April 8, 2010 Justice Okwengu awarded Wachira Weheire Sh2.5 million after a 16 day unlawful detention by police in 1986 at Nyayo house. Weheire who was a Commercial Officer with Associated Battery Manufacturers (EA) Ltd Nairobi, was arrested without a warrant in breach of section 72(3) & (5) of the Constitution. Similarly, On February 21 2019, George Wanjau was awarded Sh1.5 million by the high court for 11 days' detention. On January 4 2020, Justices K Musinga, Gatembu Kairu and K Murgor awarded Sh2.5 million to Njuguna Githiru for eight days' detention at Nyayo House Torture Chambers in April 14, 1989 to April 22, 1989. The appellate court upheld Justice Lenaola finding that Githiru's fundamental rights and freedoms were contravened and grossly violated by Special Branch police offices at Nyayo House Torture Chambers for eight days. In the recent past, Kenya has recorded numerous cases of abductions by alleged state operatives, with most victims being youths involved in anti-government campaigns against the controversial 2024 Finance Bills and President William Ruto's administration. On December 26, 2024, the Kenya National Commission on Human Rights (KNCHR) reported 82 cases of abductions and enforced disappearances since June 2024. Among those abducted were 24-year-old Billy Mwangi, Bob Njagi, Aslam Longton, and Jamil Longton. Many of the abducted youths who resurfaced alive recounted harrowing experiences of torture at the hands of their captors. Tragically, some have been found dead.

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