Ex-soldiers accuse government over delayed payment for Moi regime of torture
People during the failed 1982 coup.
Ten former Air Force officers, who were awarded Sh20.2 million in compensation for unlawful detention and torture over the 1982 failed coup, have sought payment from the government within 21 days failure to which they will commence contempt of court proceedings against the Principal Secretary Ministry of Defence.
Gerald Juma Gichohi and nine others have asked the Principal Secretary (PS) Ministry of Defence Patrick Mariru to pay them since the money had been included in the Supplementary Budget for the Year 2021/2022.
“This sum was in fact factored in the Supplementary and Appropriations Act ,2022 and disbursed to your Ministry,” the 10 officers state informed the PS through lawyer Mbugua Mureithi.
Mureithi had successfully petitioned the High Court to order the government to pay the former officers for inhuman treatment after the failed attempt to overthrow the government of the late President Daniel arap Moi in 1982.
Since the High Court judgement, the 10 have not been compensated.
A decree to pay them was issued by the High Court on August 16, 2019.
Mureithi has supplied the PS with the Decree Order of Mandamus issued by the High Court directing the PS Ministry of Defence to pay the decretal sum and the taxed costs both with interest at 12 per cent per annum.
“However, characteristic of the unfathomable impunity of the previous regime, this money was not remitted to the petitioners,” Mureithi states.
Mureithi adds that, the issue of delay of payments decreed by Courts to former officers of the Kenya Air Force, including the unsettled claim of the 10 has even been raised with the PS by the MP for Gilgil Martha Wangari.
Mureithi reminded the PS that the Kenya Kwanza Government had pledged to attend to the unsatisfied Court Decrees and orders against the government within 60 days of taking power.
“The petitioners have instructed us that if you do not remit the Sh20,200,000 in the 21 days we should promptly commence contempt of court proceedings,” Mureithi states in the demand to the PS.
The High Court had awarded Sh20.2m million to ten former ex-service officers of Kenya Air Force for the torture they underwent after the failed 1982 attempted coup.
Justice Isaac Lenaola had ordered that each of the petitioners receive Sh5.5 million after they were detained for eight months from August 1982 to March 1983 but the amount was reviewed downwards after taxation.
“It is clear to my mind that holding of petitioners for eight months without a charge and not being arraigned in court was unlawful and was a clear violation of Section 72 (3) (b) of the repealed Constitution,” Justice Lenaola ruled.
The petitioners had told the court that immediately upon their arrests, they were stripped naked in public, were made to walk on their knees on concrete floors, whipped, kicked around and bludgeoned all over their bodies as they were being taunted that they were ‘educated rubbish’.
They further recalled how they were moved into custody in military trucks whilst naked and in full view of the public.
“In the circumstances, I find and hold that the petitioners were subjected to torture, cruel and degrading treatment. I will quickly dismiss the Attorney General’s submission that the petitioners may have been involved in a mutiny. Torture is not permissible or excusable under any circumstances,” Justice Lenaola said.
They told the court that they were all arrested on diverse dates between August 1 and 4, 1982 on suspicion of participating in the failed coup on mere accounts of them being officers of Kenya Air Force.
