State ordered to pay prisoner Sh200,000

The State has been ordered to pay a prisoner Sh200,000 for wrongful detention.

The High Court in Nakuru awarded the money to Ms Susan Nyathira as compensation for 19 days she was detained during investigations into her case.

Justice Janet Mulwa held that Ms Nyathira’s incarceration at Nairegi Enkare Police Station was unlawful and violated her constitutional rights to freedom.

Ms Nyathira, who is serving a 10-year sentence at Nakuru Prison for manslaughter, was arrested on June 3, 2007 in connection with a woman’s death.

She was taken to court on June 22, 2007, where she admitted manslaughter. The court imposed a 10-year jail term against her and she was sent to the prison.

In her civil suit against the government, she sought Sh100,000 for every day she was detained — a total of Sh1.9 million.

The State objected to the claim, saying her incarceration was a result of her crime that led to prolonged interrogations and investigations.

The State urged the court to consider past cases where the High Court had awarded as low an amount as Sh10 to such claimants.

However, Lady Justice Mulwa ruled that police unlawfully held Ms Nyathira for 19 days outside the legally allowed period and awarded her Sh200,000.

FOUND ASLEEP

In another court, an ex-serviceman has lodged a Sh35.7 million demand against the Kenya Defence Forces following his incarceration at Lanet military barracks for 119 days.

Mr Robert Morara Nyakundi, who served a two-year jail term for falling asleep while on duty at the Kenya School of Combat says he was held incommunicado without any charge being preferred against him.

He says his constitutional right to freedom were grossly violated since he was denied the right to a fair and just hearing.

The former soldier wants to be paid Sh300,000 for each day he spent in seclusion.

According to the suit papers, armed soldiers stormed his post on February 4 and 5, 2010 and found him asleep. He was unable to explain the whereabouts of his workmate, a Mr Isaiah Onyango.

His seniors ordered for his arrest, saying he had neglected duty. He was also charged with a failing to report that his colleague had disappeared while armed with a G3 rifle loaded with 20 rounds of ammunition, he claims.

He was held until June 3, 2010, when he was charged, jointly with Mr Onyango and a Mr Simon Kariuki, before a court martial.

The ex-army man says he was jailed for one year before he was summarily dismissed from service.

He says that though he raised the issue on his detention, the court martial did not consider it when passing its judgement.

KDF’s litigation counsel, Mr Kiprotich Kirui, urged the court to dismiss the case.

He argued that other ex-officers dismissed from service for “endangering state security”, who had sued the KDF, had ended up being awarded Sh10.

Justice Maureen Odero directed the parties to file written submissions and promised to issue a judgement on notice.