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Bernard Kihiu Matama v. Attorney General

(2020) JELR 105712 (CA)

Court of Appeal  •  Civil Appeal 289 of 2016  •  22 May 2020  •  Kenya

Martha Karambu Koome, Jamila Mohammed, Stephen Gatembu Kairu



[1] This is an appeal from the judgment of the High Court at Nairobi delivered on 11th September, 2015 by Lenaola, J. (as he then was) in Petition No. 208 of 2013. The said petition was filed on 7th April, 2013, before the High Court Constitutional and Human Rights Division. In it, Bernard Kihiu Matama ( the appellant) sought declaratory orders against the Attorney General, (the respondent) that his fundamental rights and freedoms from torture were violated by the respondent’s Special Branch Officers on diverse dates from 8th – 17th October, 1990 at Buru Buru Police Station, Pangani Police Station and the infamous Nyayo House Torture Chambers; a declaration that the appellant was entitled to payment of damages and compensation for violations and contraventions of fundamental rights and freedoms for a total of eight (8) days and general, exemplary and aggravated damages under Article 23 (3) of the Constitution.

[2] The petition was opposed by the respondent vide gr…

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