The family of former MP Jean-Marie Seroney on Monday was awarded Sh17 million as compensation for his torture and three years' unlawful detention by the state in 1975.
The state had opposed the case and any award, saying there was no proof the family suffered and that it was improperly filed by the widow. It was not immediately known whether the state would appeal.
A number of victims of torture, who championed multi-party democracy, were held without trial and tortured. Later judgments to pay them or their families were and still are ignored by the state.
Judge Weldon Korir ruled, however, the firebrand Tinderet MP was subjected to a violation of his rights to freedom from torture and cruel, inhuman or degrading treatment or punishment.
“The deceased was incarcerated for more than three years. Appropriate compensation is called for... In my view, a global award of Sh17 million is sufficient recompense for violation of his rights. That is for general damages," the judge said.
The judge’s decision arose from a case filed by the widow Ziporah Seroney and her children, Margaret, Jemutai, Florence, David and Christine, on October 17, 2013.
They sued Daniel Moi, then the Vice President. Seroney, as Deputy Speaker, had allowed comment on the floor of the house by a colleague, Butere MP Martin Shikuku, that the ruling Kanu party was dead. Seroney said here was no need to substantiate what was clear to all.
The MP was arrested on October 11, 1975, by the Special Branch Police within the precincts of Parliament. Shikuku was also arrested.
He was held at Spring Valley Police Station overnight and on the following day flown to Manyani Maximum Security Prison where he was detained without trial.
During the detention, his lawyers and family were not permitted to visit him as he was being held incommunicado.
After being detained at Manyani Maximum Security Prison for one and a half years, the MP was transferred to Kamiti Maximum Security Prison where he was detained until his release on December 12, 1978.
The family complained that the late MP’s fundamental rights and freedoms were violated as he was detained without trial.
They said he was held for 23½ hours a day in a tiny cell that was lit throughout, given food unfit for human consumption and subjected to mental and physical torture.
After his release, he was not able to get any gainful employment until he died on December 6, 1982.
His family's rights were also infringed as they lacked adequate food, school fees, access to proper medical care and decent clothing as he had been accustomed to, the suit papers said.
They also missed their father who was the sole breadwinner of the family.
Their troubles did not end upon the death of their father as their rights continued to be violated.
They identify the violations as the invasion of their Kiboi farm where they were staying, in violation of the right to property.
They told the court of the brutal gang-rape of one daughter, amounting to the violation of her right to dignity and constant harassment.
The Attorney General opposed the case, saying that the widow filed it as the estate administrator, not in her own capacity. He said she didn't get permission from two of the children who are in the suit papers but who have died.
It was also said the family did not provide any evidence to show that they suffered illnesses and were condemned to poor living standards due to lack of support.
The state further urged the court to dismiss the family’s case, saying there was no evidence of the forceful eviction from their land and the loss of property.
(Edited by V. Graham)
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