Customer Support

HEZBON OMBWAYO ODIERO
V.
MINISTER FOR STATE, PROVINCIAL ADMINISTRATION & INTERNAL SECURITY & 3 ORS.

(2021) JELR 113790 (CA)

Court of Appeal 3 Dec 2021 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CIVIL APPEAL NO. 28 OF 2016
Judges:PATRICK KIAGE, JA KATHURIMA M'INOTI, JA MUMBI NGUGI, JA
Location:Kisumu

JUDGMENT

  1. The background to this appeal is the 1st August 1982 coup attempt in Kenya. Thirty years after the event, the appellant, who described himself as a “military intelligence sergeant” at the material time in the then Department of Defence, filed a petition in the High Court of Kenya against the respondents alleging violation of his rights under the present and the former constitutions of Kenya. He pleaded, in an amended petition dated 23rd July 2013 that following the coup attempt, he was unlawfully arrested and detained from 1st August to October 1982 and ultimately lost his employment in unlawful circumstances. He added that he was detained in different places in Kenya, starved, held in isolation, and subjected to torture, inhuman or degrading punishment or other treatment. Regarding his loss of employment, he pleaded that his certificate of discharge was issued unprocedurally and by an unauthorised officer.

  2. The appellant further pleaded that his arrest, detention and loss of em…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.