MARGARET WANJIRU NDIRANGU,CECILIA WANGU MACHARIA,MARY NJERI KAMAU,JACINTA MWIHAKI WAMWERE & MARY NJERI KURIAV ATTORNEY GENERAL

JUDGMENT OF THE COURT

When a party institutes a claim in court against another alleging some wrongdoing on the part of that other, the rules of evidence require the party bringing the claim to prove that a wrong was committed against him or her. That is what Madan, J.A. – as he then was - summarized in a sentence in the case of CMC Aviation Ltd v. Crusair Ltd (No1) [1987] KLR 103, as “proof is the foundation of evidence”.

All the five appellants petitioned the High Court citing violation of Articles 22, 23, 25(a), 29(a), 29(c) and 29(f) of the Constitution and claiming that they were subjected to torture, cruel, inhuman and degrading treatment by the State on diverse dates between 3^rd March, 1992 and 19^th January, 1993.

In the petition, they asserted that, while engaged in peaceful demonstrations agitating for the release of some 53 political prisoners at the famous or infamous Freedom Corner at Uhuru Park and later at the All Saints Cathedral, they were inhumanly and brutally battered w…