The government says veteran politician Charles Rubia was lawfully detained during the clamour for multi-party democracy and does not deserve the Sh325 million he seeks for special and general damages.
In response to the petition filed by the multiparty hero, the government denied the 94-year-old was inhumanly treated in detention.
“The petitioner was incarcerated rightfully under the existing legal regime,” reads a statement.
The state is unaware of the allegations of torture, harassment, inhuman and degrading treatment alleged by Rubia.
The statement sworn by then Defence PS Monica Juma explains that the government is not opposed to the case.
Juma said it’s upon the politician who served as the first African Nairobi mayor to table evidence and prove his claims. On Wednesday, a frail but well articulate Rubia told court he was surprised that the government was doubting his claims of torture while in detention for nine months.
“It happened to me. I don’t know why they are doubting what I am saying. I am still weak and depend on medication, I was treated very badly by the officers,” Rubia told Justice Chacha Mwita.
He told the judge he was only released after his doctor and government physician recommended that he be released or taken to hospital.
The state says medical reports from a team of doctors stated Rubia fully recovered from his alleged ailment.
Juma said Rubia is undergoing the normal process of ageing and claims that his incarceration occasioned his frail health should be disregarded.
“Though the respondent does not ask for dismissal of the suit, it is important to consider the issue of the liability,” reads court documents.
Rubia also served as Starehe MP between 1969 and 1988, and was arrested twice. He said he was blindfolded and taken in circles for several hours and kept in a dark underground room in solitary.