JAMES WILLY MWANZIA V. ATTORNEY GENERAL

JUDGMENT OF THE COURT

The appellant, James Willy Mwanzia, then a businessman and a budding politician in Kitui, was on 20th August, 1997 arrested by police officers from Kitui Police Station. He was taken to Machakos Police Station where he was detained and between that day and 23rd August, 1997 he was subjected to acts of torture and degrading treatment as is set out in a witness statement he filed at the High Court of Kenya, Nairobi, and in particulars of torture, inhuman and degrading treatment set out in the amended plaint in H.C.C.C. No. 24 of 2004. We shall revert to this issue in this judgment.

He was charged with others in Machakos Criminal Case No. 3539 of 1997 with the offence of robbery with violence contrary to Section 296(2) of the Penal Code, an offence to which there was no bail in those days. The charge was later withdrawn by the prosecution leading to his release on 26th September, 1997. He was re-arrested and arraigned with five others before the Magistrate’s court at …