DAVID NJUGUNA WANYOIKE v ATTORNEY GENERAL [2012] KEHC 564 (KLR)
- Court
- High Court of Kenya
- Case number
- 564
- Citation
- [2012] KEHC 564 (KLR)
- Decided
- 22 November 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureRespondent did not file a reply or take any further part in the proceedings despite service.CoramMumbi Ngugi
Holding
Petitioner's rights under sections 72(1), (2), (3) and (5) and section 74(1) of the former constitution were violated.
Facts
Petitioner was arrested in Nairobi on 21st October 1986 and held incommunicado at Nyayo House for 29 days before being charged on 19th November 1986.
Issues
- violation of right to personal liberty
- violation of right to a fair hearing
Reasoning
The petitioner was held in custody for 29 days without being charged and subjected to torture.
Outcome
Petitioner awarded Kshs 2,000,000 in damages and costs.
Orders
- Petitioner awarded Kshs 2,000,000 in damages
- Petitioner awarded costs of the petition
Remedies
- Damages of Kshs 2,000,000
Authorities cited
Legislation (3)
- Section 72(1) of the repealed constitution
- Section 74(1) of the repealed constitution
- Section 77(1) of the repealed constitution
Cases cited (3)
- Julius Kamau Mbugua -v- Republic Criminal Appeal No 50 of 2008
- Rumba Kinuthia -v- Attorney General (supra)
- Dominic Arony Amolo-v- Attorney General – High Court Misc. Appl. No. 494 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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