FRANCIS ONGELE O’PALLA v ATTORNEY GENERAL [2012] KEHC 3275 (KLR)
- Court
- High Court of Kenya
- Case number
- 3275
- Citation
- [2012] KEHC 3275 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePetition for damages and declarationsCoramD.S. MAJAN
Holding
The court finds that the petitioner's rights were violated and awards Kshs. 2 million in general damages.
Facts
The petitioner was arrested and detained in 1982 without trial, and claims his rights were violated under the Constitution.
Issues
- Violation of fundamental rights and freedoms under the Constitution
- Award of damages for torture and inhuman treatment
Reasoning
The court found that the petitioner was arrested and detained without trial, which is a violation of the Constitution. The court awarded damages based on similar cases.
Outcome
Judgment for the petitioner
Orders
- Award of Kshs. 2 million in general damages
- Award of costs to the petitioner
- Award of interest on damages at court rates
Remedies
- Declaration of violation of rights
- Award of damages
Authorities cited
Legislation (2)
- Constitution of the Republic of Kenya
- Preservation of Public Security Act (Chapter 57 of the Laws of Kenya)
Cases cited (3)
- Rumba Kinuthia & others v Attorney General NairobiHCCC No. 1408 of 2004
- Nelson Akhahukwa Muyela v Attorney General Nairobi Petition No. 783 of 2008
- Israel Okemo Agina v Attorney General Nairobi Petition No. 1374 of 2003
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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