Woman to get KES 200 000 for illegal detention
08 July 2015, 14:49
Nakuru - The State has been ordered to pay a prisoner KES 200 000 for wrongful detention.
The High Court in Nakuru awarded the money to Susan Nyathira as compensation for 19 days she was detained during investigations into her case.
Justice Janet Mulwa said that Nyathira’s incarceration at Nairegi Enkare Police Station was unlawful and violated her constitutional rights to freedom.
Nyathira, who is serving a 10-year sentence at Nakuru Prison for manslaughter, was arrested on June 3, 2007 in connection to a woman’s death.
She was taken to court on June 22, 2007 where she admitted to manslaughter charges. The court imposed a 10-year jail term against her and she was sent to the prison.
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In her civil suit against the government, she sought KES 100 000 for every day she was detained, amounting to 1.9 million.
The State objected to the claim, saying her incarceration was a result of her crime that led to prolonged interrogations and investigations.
The State urged the court to consider past cases where the High Court had awarded an amount as low as KES 10 to such claimants.
However, Lady Justice Mulwa ruled that police unlawfully held Nyathira for 19 days outside the legally allowed period and awarded her KES 200 000.
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