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Michael Maina Kamami & Koigi Wainaina v. Attorney General

(2019) JELR 99113 (CA)

Court of Appeal  •  Civil Appeal 189 of 2017  •  6 Aug 2019  •  Kenya

Coram
Mohammed Abdullahi Warsame, Patrick Omwenga Kiage, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

Michael Maina Kamami and Koigi Wainaina, the appellants, claim that on 3rd March 1992 while they were peacefully demonstrating for the release of their friend Hon. Koigi wa Wamwere and 53 other political prisoners, officers from the Kenya Police and General Service Unit (GSU) descended upon them with boots, batons, rubber whips, slaps kicks and blows which caused them to sustain injuries. They contended that this was a violation of their rights not to be arbitrarily deprived of their freedom without just cause, their right to freedom from any form of violence from either public or private sources under Article 29 (c) of the Constitution, freedom from torture in any manner whether physical or psychological under Article 29 (d) and freedom from being treated or punished in a cruel, inhuman or degrading manner under Article 29 (f) of the Constitution, 2010, formerly section 74 of the repealed Constitution.

They claimed that on the same day at 9.45 p.m whilst in a tent…

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