Wanyiri Kihoro v Attorney General [2017] KECA 285 (KLR)
- Court
- Court of Appeal
- Case number
- 285
- Citation
- [2017] KECA 285 (KLR)
The Court of Appeal finds that the applicant was kept in prolonged detention during which he was intensely and continuously interrogated, and that his holding by the police for 74 days was illegal.
Facts
The applicant, Wanyiri Kihoro, was arrested in Mombasa by agents of the State on the night of 29/30 July, 1986 and held in the Nyayo torture chambers for three months until 10th October, 1986. He was detained without trial until 1st June, 1989. He filed a suit in the High Court questioning his arrest, detention, torture and inhuman treatment.
Issues
- Whether a matter of general public importance is involved in the applicant's intended appeal to the Supreme Court.
- Whether the applicant's detention was illegal and in violation of his rights as an officer of the court.
Reasoning
The court found that the applicant was kept in prolonged detention during which he was intensely and continuously interrogated, and that his holding by the police for 74 days was illegal as it was contrary to section 72 and 74 of the law.
Outcome
The Court of Appeal grants the applicant a certificate under Article 163 (4) (b) of the Constitution that a matter of general public importance is involved in his intended appeal to the Supreme Court.
Orders
- Granting the applicant a certificate under Article 163 (4) (b) of the Constitution that a matter of general public importance is involved in his intended appeal to the Supreme Court.
Authorities cited
Legislation (1)
- Section 72 and 74 of the law
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