Ex-soldier gets KES 800 000 compensation for illegal detention
14 July 2015, 11:41
Nakuru - Nakuru High Court has awarded a former Kenya Defence Forces (KDF) soldier KES 800 000 for illegal detention.
Joseph Karobia Kinyua sued the defence forces after he was arrested and detained at Lanet Barracks in Nakuru for allegedly stealing biscuits worth KES 10 and a bottle of water in 2008.
Kinyua said that he was arrested on November 2008 and was not arraigned in court until February 3, 2009.
Through his lawyer, he claimed that his rights were violated as he was detained for 86 days which exceed the 72 days according to the Armed Forces Act.
The court heard that Kinyua was sentenced to five years by a Court Martial after he was found guilty of six counts of civil offences including burning his remand cell.
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He was charged of damaging a perimeter wall as he tried to gain access into the Armed Forces canteen to steal the biscuits, water and KES 43 000 cash.
He had also been accused of attempting to commit in his police cell by setting it on fire.
Kinyua however claimed that he was tortured after his arrest, and that someone else lit the fire in his cell.
The defence lawyer urged the court to dismiss the case saying it was bad in law and the case lacked merit.
Kinyua wanted the court to order the defence force to pay him KES 300 000 for each day he was detained illegally, amounting to KES 25.8 million.
Justice Janet Mulwa in her ruling said that Kinyua’s rights were violated and he was unlawfully detained.
The court ordered for Kinyua to be paid KES 800 000 saying it is a reasonable amount.
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