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PRISCILLA MWARA KIMANI, LUCY WATURI KIMANI & ESTHER GATHONI GICIMU V. ATTORNEY GENERAL

(2019) JELR 95414 (CA)

Court of Appeal  •  Civil Appeal 190 of 2017  •  6 Aug 2019  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

The events of the infamous Freedom Corner in 1992 are etched in the history of Kenya, as the day that a group of women made their way into a section of Uhuru Park christened Freedom Corner to peacefully agitate for the release of 53 political detainees, under the then Moi Regime, who were being held for various politically instigated accusations. These women staged a hunger strike for days in order to press for the release of their incarcerated sons. Among them were the appellants who agitated for the release of their son and brother James Gitau Mwaura who was in detention.

It was the appellants’ case that on 3rd March, 1992 while conducting a peaceful demonstration at Uhuru Park, they were inhumanely and brutally battered by police and General Service Unit (GSU) Officers with boots, batons, slaps, rubber whips, kicks and blows all over their bodies, all while they were unarmed and peaceful hence the attack was uncalled for. Further, that on the same day at around …

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