Tortured man awarded Sh2.5 million

By Evelyn Kwamboka

The Attorney General’s office has been ordered to compensate a victim of the Nyayo House basement torture chambers Sh2.5 million.

The High Court in Nairobi found that Mr Wachira Waheire, who worked as a commercial officer at Associated Battery Manufacturers, suffered at the hands of the Government’s security agents. Judges George Dulu and Hannah Okwengu said in their judgement that the AG’s office should take responsibility for the acts of officers mainly from the then dreaded Special Branch Unit and the police.

Seek redress

Justice Dulu pointed out that the torture the man went through in 1996 was cruel and degrading.

He dismissed claims by the AG’s office that the issues raised by Waheire in the constitutional case be referred to the newly constituted Truth, Justice and Reconciliation Commission (TJRC).

"There is no basis of referring the matter to TJRC. The applicant has come to seek redress of his violated fundamental rights. The court cannot abdicate its responsibilities to an inferior tribunal," he said.

Dulu dismissed claims that issues raised by the victim were stale because they took place more than ten years before he moved to court.

"There is no limitation period for seeking redress of violation of fundamental rights and the Public Authority Act cannot be used to deny people their rights," the judge said.

In his application filed in 2003, Waheire sought a declaration that police and Government servants grossly violated his fundamental rights and freedoms.

He was arrested on December 2, 1986 and locked up at the Jogoo Road Police Station before being moved to Nyayo House basement.

"I was interrogated while naked for lengthy sessions while hungry, thirsty and without sleep," he said in an affidavit filed in court on October 7, 2003.