MICHAEL DANSON MAHUGU V ATTORNEY GENERAL (Miscellaneous Civil Case 1375 of 2003) [2012] KEHC 2915 (KLR) (Civ) (19 July 2012) (Judgment)
- Court
- High Court of Kenya
- Case number
- 2915
- Citation
- [2012] KEHC 2915 (KLR)
- Decided
- 19 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutionalPostureAppeal from an original trialCoramMUMBI NGUGI
Holding
The plaintiff's rights were violated, but no award of exemplary or aggravated damages is made.
Facts
The plaintiff was arrested in 1987 and held in various police stations, subjected to torture and interrogation. He was later sentenced to 4 years in prison.
Issues
- Violation of fundamental rights under the Constitution
- Award of damages for unconstitutional conduct
Reasoning
The court found that the plaintiff's rights were violated but no discrimination was found. Damages are awarded based on previous cases.
Outcome
The plaintiff is awarded Kshs 2,000,000 in damages and costs.
Authorities cited
Legislation (2)
- Constitution of Kenya
- Former Constitution
Cases cited (5)
- Benedict Munene Kariuki and 14 Others v The Attorney General
- Obongo v Kisumu Municipal Council
- Rumba Kinuthia v Attorney General
- Bernard Wachira Waheire v Attorney General
- Harun Thungu Wakaba & 20 Others v Attorney General
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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