Rubia seeks Sh325m for unlawful arrest, detention

Charles Rubia with his lawyers at Milimani law court yesterday.Photo Carole Maina
Charles Rubia with his lawyers at Milimani law court yesterday.Photo Carole Maina

Charles Rubia yesterday spent nearly two-and-a-half hours explaining to a court why the State should pay him Sh325 million for unlawful arrest and detention.

The 94-year-old veteran multi-party crusader told Justice Chacha Mwita his fight for multiparty democracy cost him his family and investments worth millions of shillings. Though seemingly frail, he was articulate in his narration. “My health has kept on deteriorating since 1987, when I was wrongfully incarcerated,” Rubia said.

Rubia was Kenya’s first African Nairobi Mayor. During the clamour for multiparty democracy, he was arrested and sent to detention, where he suffered poor health and lost shares in many prestigious companies.

Among his companies that dwindled after he was “marked” are Rweru General Stores and Mwamba Distributors. He also had to relinquish the prestigious Peponi School, directorship at the Co-operative Bank, the ICDC as well as Provincial Insurance, now known as UAP Insurance.

He told the judge his wife and daughter passed on soon after, leaving his other children to suffer as none of them could secure good jobs, despite having high qualifications, owing to their surname.

While being led in evidence by his lawyers David Mereka and Irungu Kang’ata, he said he was surprised that the government was doubting that he suffered while in detention.

“The amount of Sh325 million is just and reasonable. I humbly ask the court to accept my estimates. I continue to suffer poor health and my position in society – that of a highly respected prominent businessman and politician – drastically came to an end,” Rubia said.

“I have been on medication since then. Today I took four tablets.”

He said he was first arrested in February 1987 on claims he was the financier of Mwakenya and for working in cahoots with church leaders to topple President Daniel Moi’s government.

Rubia was detained at Nyayo House for five days, before he was released and rearrested on July 4, 1990, alongside Kenneth Matiba and Martin Shikuku, after he called for a rally at the famous Kamukunji Grounds.

“Since then, I have been a marked man. No one wanted anything to do with me. I had to relinquish many positions,” he said. Rubia said after he called for the famous Saba Saba rally, he was arrested three days before the planned meeting. “Although painful, I’m happy it brought all the changes we enjoy now,” he said.

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