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Koigi says KES 12M compensation isn't enough

09 March 2015, 08:25

Nairobi - Former Subukia MP Koigi Wamwere says he will move to the Supreme Court to challenge last week's Court of Appeal ruling that saw him awarded KES 12 million compensation for torture.

Wamwere said the damages were not enough for the torture he underwent during the late president Jomo Kenyatta and retired president Daniel arap Moi's regimes.

“It is unfortunate that the judges failed to find that my detention was unconstitutional as it was occasioned by political, personal and ideological differences with Moi and Kenyatta. I will take the battle to the Supreme Court for a more honest interpretation," Wamwere said in an interview with News24.

The ex-lawmaker denied the intimation that courts were functioning properly at the time,arguing that courts received calls from above and were compromised by the Executive.

"There was no reformed Judiciary at the time as claimed as courts were compromised.To deny torture is to deny that there was no dictatorship in the country," he said.

The one time cabinet minister for Information in the Kibaki regime maintained that his detention was unlawful as the Government did not provide reasonable grounds to have him behind bars where he was tortured.

He acknowledged the judges realization that detention without trial was a reprehensible violation of individual rights and freedoms but promised to take the battle to the highest court.

Justices Phillip Waki, Patrick Kiage and Jamilla Mohammed ruled on Friday that the amount was proper compensation for Wamwere after he appealed a High Court award of KES 2.5 million.

The judges declined to grant his request of KES 200 million.

Initially Koigi had asked for KES100 million in damages and another KES 100 million as compensation but the lower court gave him lower amount prompting him to appeal.

Also read: Koigi awarded KES 12 million for Kenyatta, Moi torture

His claim was opposed by the State through the Attorney General who contested that the petition lacked clarity and that it was time barred.

Wamwere had first moved to court on December 31, 2008 seeking to have two detentions, incarceration as well as an 11-day torture at Nyayo House and Kamiti Maximum Prison declared violation of his rights.

He also argued that a false robbery with violence charge against him at a Nakuru chief magistrate's court on November 5, 1993 violated his freedoms.

The activist was first detained without trial between August 9, 1975 and December 1978, and later between August 5, 1982 and December 1984.

The torture at Nyayo House occurred on October 8 to 19, 1990 and the Kamiti one between October 19, 1990 and January 19,1993.

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