Jilan Sabila Labo v Attorney General [2014] KEHC 5724 (KLR)
- Court
- High Court of Kenya
- Case number
- 5724
- Citation
- [2014] KEHC 5724 (KLR)
- Decided
- 14 April 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePetition for Declaration and DamagesPostureRespondent appealed the judgmentCoramD.S. MAJAN, Lenaola
Holding
The petitioner's rights were violated, and he is awarded Kshs. 1,200,000 in general damages.
Facts
Petitioner was arrested on 7th October 1987 and detained at Nyayo House for 14 days. He was subjected to torture and forced to confess to being a member of Mwakenya.
Issues
- Violation of personal liberty under section 72 of the Constitution
- Torture and cruel, inhuman and degrading treatment under section 74 of the Constitution
Reasoning
The court found that the petitioner was held in police custody for 14 days without charges, violating his right to personal liberty. The evidence showed he was tortured and forced to confess.
Outcome
Judgment for the petitioner
Orders
- Declaration of violation of rights
- Award of Kshs. 1,200,000 in general damages
- Costs awarded to the petitioner
- Interest on damages at court rates
Remedies
- Declaration of violation of rights
- General damages
Authorities cited
Legislation (2)
- Constitution of Kenya 2010
- Constitution of Kenya 1963
Cases cited (2)
- Oduor Ongwen and 20 Others v The Attorney General Nairobi Petition No. 777 of 2008
- Benedict Munene Kariuki and 14 Others v Attorney General, Nairobi HC Petition No. 722 of 2009
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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