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Njuguna Githiru v. Attorney General

(2020) JELR 95209 (CA)

Court of Appeal  •  Civil Appeal 253 of 2017  •  24 Jan 2020  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. The appellant, Njuguna Githiru, petitioned the High Court seeking: a declaration that his fundamental rights and freedoms were contravened and grossly violated by the respondent's Special Branch police officers at Nyayo House torture chambers for eight days from 14th April 1989 to 22nd April 1989; a declaration that he is entitled to payment of damages and compensation for the violation and contravention of his fundamental rights and freedoms; and general damages, exemplary damages and moral damages on an aggravated scale under section 23 of the repealed Constitution for the unconstitutional conduct by the Kenyan Government servants and agents.

2. He pleaded that on 14th April 1989, he was arrested at his home and bundled into a waiting land rover, driven for hours and taken into the dark basement cells at Nyayo House torture chambers; that the following day he was taken in a lift to the 24th floor of the same building where he was presented to a panel of about …

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