- The six are Monica Wamwere, Priscilla Kimani, Lucy Kimani, Esther Gicimu, Michael Kamami and Koigi Wainaina.
- The supreme court has held that their rights were violated by police officers who dispersed them.
Image: FILE
Six protestors who were on hunger strike at the famous ‘Freedom Corner’ 30 years ago have been awarded Sh2.5 million each for violation of their rights.
The six are Monica Wamwere, Priscilla Kimani, Lucy Kimani, Esther Gicimu, Michael Kamami and Koigi Wainaina.
The supreme court has held that their rights were violated by police officers who dispersed them.
According to the judgement, the six participated in a demonstration by going on a hunger strike to urge for the release of political prisoners.
“The political prisoners had been incarcerated by the then oppressive regime for politically instigated offences ranging from treason, sedition, to being members of unlawful organisations,” the court said.
In allowing the appeals, the court dismissed the ruling that they had filed their case very late in the day.
“There is no limitation of time in matters relating to violation of rights under the Constitution, which are evaluated and decided on a case-by-case basis,” the court said.
The judges further said the six had explained satisfactorily that the delay in filing was due to their lack of faith in the pre-2010 Judiciary.
The court ruled that the protestors were treated in an inhuman and degrading punishment or treatment, which does not have to be inflicted for a specific purpose.
The court said there is no doubt that the Freedom Corner incident took place, which is a fact that was not disputed by the two superior courts.
“Although the appellants (demonstrators) did not exhibit any physical injuries or medical reports, we are persuaded that the whole incident had a psychological and traumatic effect on them,” the court ruled.
The court said the state did not give any justifiable reasons whatsoever why it was necessary to violently disrupt and disband the protests by the appellants who were harmless.
The court held that the demonstrators right to freedom of association and assembly was interfered with.
It also held that the violent methods employed by the police amounted to a violation of their human rights, which are duly protected under Section 74(1) of the repealed Constitution.
“In our considered view, we assess damages of Sh2,500,000, payable to each of the appellants as an appropriate remedy,” the court ruled.