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Two former human rights activists have lost their bid for compensation over  alleged police torture during retired President Moi’s administration.

 The Court of Appeal has upheld the dismissal of the joint constitutional petitions made by Michael Maina Kamami and Koigi Wainaina, who claim they suffered violation of their rights and freedoms by security agents on March 2, 1992 when they were peacefully demonstrating for the release of their friend, former Subukia MP Koigi wa Wamwere, and 53 other political prisoners.

Appellate Judges Mohamed Warsame, Patrick Kiage and Agnes Murgor upheld the decision made in the High Court on April 15, 2016 by Justice Isaac Lenaola (now Supreme Court judge), dismissing the petitions by Kamami and Wainaina. 

They said Justice Lenaola “was overly magnanimous” because they were given a fair hearing despite failure to provide any explanation for the delay of 22 years before pursing claims.

 “The appellants admitted that they did not have any documents to show that they were injured or were treated for physical pain and suffering. Without medical reports or evidence of medical treatment, it could not be demonstrated that they suffered physical, psychological or mental distress,” Justices Warsame, Kiage and Murgor noted. “We are not satisfied that the evidential threshold to support the rights violations alleged was met,” they said.

Suffer torture

The two petitioners had argued that more than 100 General Service Unit and regular police officers descended on them at Uhuru Park’s Freedom Corner in Nairobi and tortured them and other campaigners, including the late Prof Wangari Maathai.  

They said they camped at the All Saints’ Cathedral, Nairobi, and suffered harassment and torture until January 19, 1993 when all political prisoners were released.  

Priscilla Mwara, Lucy Waturi and Esther Gathoni, also lost their appeals against Justice Lenaola’s dismissal of their petitions alleging torture during the said time frame.