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WELLINGTON NZIOKA KIOKO V. ATTORNEY GENERAL

(2018) JELR 95788 (CA)

Court of Appeal  •  Civil Appeal 268 of 2016  •  19 Jan 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

Wellington Nzioka Kioko (the appellant) moved the High Court at Nairobi by way of a petition dated 29th October, 2013 for orders inter alia, as hereunder:-

“a) A declaration that the petitioner’s fundamental rights and freedom were contravened and grossly violated by the respondent’s Kenya Army and Prisons Officers for 8 months with effect from 1st August 1982 up to March 1983 at Kamiti Maximum Prison and Kahawa Garrison.

b. A declaration that the Petitioner is entitled to payment of damages and compensation for the violations and contravention of his Fundamental Rights and Freedoms.

c. General damages, Exemplary Damages and Aggravated damages under Section 84 (2) of the Constitution of Kenya (1969) be awarded.

d. A declaration that the Petitioner merits payment of withheld salary, emoluments, terminal benefits and pension.

e. Costs of this petition.

f. Interest on items (c), (d) and (e) above.

g. Any further orders, writs and directions as this Honorable Court may deem …

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