KOIGI WA WAMWERE
V.
ATTORNEY GENERAL

RULING OF THE COURT

1. A sad feature in the history of Kenya is the infamous Nyayo House torture chambers. The Applicant herein, Koigi wa Wamwere, is a former political detainee who was incarcerated at Nyayo House and Kamiti Maximum Security Prison and tortured therein. He filed a Petition at the High Court seeking general damages against the Government of Kenya on the basis that his fundamental constitutional right of protection from torture, inhuman and degrading treatment was violated.

2. The pertinent facts giving rise to the Petition and claim for general damages are that:

“(a) The applicant was first detained without trial between 9^th August 1975 and 12^th December 1978.

(b) His second detention without trial was from 5^th August 1982 to 12^th December 1984.

(c) Torture at Nyayo House torture chambers for 11 days from 8th October 1990 to 19^th October 1990 and torture at Kamiti Maximum Security Prison from 19^th October 1990 to (sic) 19^th January 1993 and

(d) For false arraignment for fake…