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Supreme court orders for compensation of Koigi’s mother

Mrs Monica Wangu Wamwere (right), Koigi Wamwere (center), at Milimani Law Courts, Nairobi.

The Supreme court has ordered the government to compensate Koigi Wamwere’s mother for the injustices meted on her 30 years ago.

Mrs Monica Wangu Wamwere, the mother of former assistant Minister and Subukia constituency Member of Parliament Koigi wa Wamwere, will now be awarded Sh2.5 million as damages for the torture she suffered in Nairobi during the late President Daniel Moi’s regime. Mrs Wamwere, alongside others, have been walking along the corridors of justice for years now, but their cries have now been heard.

Prior to the supreme court ruling on their case, freedom fighters’ mothers and spouses had their case dismissed by both the High court and the court of Appeal for coming ‘late’. The two lower courts had argued that since the complainants only came in 2013, it was too late for the courts to rule in their favour, saying that it was too late in the day to seek for compensations to the atrocities that took place thirty years ago.

But when delivering her judgement, alongside other supreme court justices: Smokin Wanjala, Njoki Ndung’u, William Ouko and Philomena Mwilu, Chief Justice Martha Koome dismissed the lower courts’ decisions, saying that there’s no statute of limitation in matters relating to violation of rights under the Constitution.

“A declaration do issue that the appellants rights and freedom from inhuman treatment as protected under Section 74(1) of the repealed Constitution were violated by the Government of Kenya through the actions of its agents and/or servants (police officers and GSU officers),” said the Supreme Court.

Mrs Wamwere – together with others – suffered the attacks at the hands of officers from the Kenya Police and General Service Unit (GSU), who descended upon them with boots, batons, rubber whips, slaps, kicks and blows which caused injures on them.

The case took several years to be filed, since the victims argued that they didn’t have faith in the previous constitution, which had no provision of supreme court. This argument seemed to have worked in favour of them before the apex court justices.

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