Lawyer to seek Supreme ruling on Koigi Wamwere mother compensation
Former Subukia MP Koigi Wamwere’s mother has moved to the Supreme Court seeking to overturn the decision by the Court of appeal to reject her plea for compensation over alleged torture.
In an appeal petition filed at the Supreme Court of Kenya at Nairobi, Monicah Wangu said that the learned judges of the appeal court erred in law in ignoring her submissions.
“The judge ignored my grounds of appeal that torture in all its substantial forms physical and psychological not on narrow medical report grounds,”
Through her lawyer Gitau Mwara, the woman wants the Supreme Court to set aside the court of appeal judgement delivered on June 28, 2019 and the High Court Judgment delivered on April 15, 2016.
She wants a declaration that her fundamental rights and freedom from torture under Articles 29(a) of the constitution of Kenya, 2010 were each contravened and grossly violated by the respondent’s Kenya police and General Service Unit (GSU) officers who were Kenyan Government servants, agents on March 3,1992 up to January 19,1993.
“I want a declaration that my fundamental rights were contravened and grossly violated by the Attorney General and police who demolished my house and evicted me from my plots in 1986, 1987 and 1988,”
Koigi’s mother wants a declaration that she is entitled to the payment of General Damages, exemplary and moral damages and compensation for the violations and contraventions of their fundamental rights and freedom from torture under Article 23(3) of the constitution of Kenya 2010.
She wants the Supreme Court to award her general damages, Exemplary and Moral damages for Torture, violence, cruel, inhuman and degrading treatment.
She said that the government in 1986 brought her pain and suffering because her house was razed down by the Kenya Police officers after she refused to persuade her son, Koigi Wamwere, to return to Kenya from Sweden where he had sought political refuge.
In October 1987, the appellant’s house which was situated on plot No. 308 at Migogo Chonjo was demolished and the property allocated to a Senior Criminal Investigation Officer.
On March 27, 2019 Koigi Wamwere and six other victims of torture complained to Cabinet Secretary Treasury over delay of pending payments of their Sh 154 million awarded by the court.
In the letter directed to Henry Rotich, the seven; Wamwere, Robert Chutha,S.K Njenga,Veronica Wanjiru,Fredrick Muchoki,Rex Aseli and Kennedy Kinuthia said that they desperately need their money to cater pressing medical operation expenses among other needs.
“We wish to complain that your office has not given priority to payment of our decretal sums awarded in court from 2012 to 2018,”
He added that they are perturbed to see payment for other non-urgent matters while as Kenyan citizens are suffering waiting for their payments.
In the letter dated March 19, 2019, they said that they desperately need their payments to cater for pressing medical operaton expenses, medical conditions drugs, and pay college fees for their children, pay loans and burdening family obligations.
“The priority for payments should be to us Citizens not foreigners,”
Wamwere said that the amounts continue to attract interest at Court rates from the date of Judgement until payment in full.
“Some of us have obtained orders to commit the Principal Secretaries of parent Ministries to Civil Jail for defaulting to comply with the Certificates of Order against the Government which were duly served on them and the Attorney General,”
They said that they have been awarded payment for torture, personal injury claims and employment claims but they are told it is another torture to be paid by the treasury.
Other people who have pending payments are Robert Chutha,S.K Njenga,Veronica Wanjiru Gichuru& six others, Fredrick Muchoki Ndegwa,Rex Aseli and Kennedy Kinuthia.
The letter has been copied to the Attorney General and Principal Secretary Ministry of Health and Ministry of Devolution.
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