A priest who became the laughing stock after attending a meeting at Deputy President William Ruto's Sugoi home and saying King Solomon killed Goliath is in trouble.
Holy Ghost Coptic Church of Africa father John Pesa has been ordered to pay a man Sh500,000 for illegally detaining him for 25 months.
The 21 year-old who was only identified as S.O.O was two months short of his 18th birthday when he was detained by Pesa on July 2,2017 until May 2019.
SOO, who was then a form four student at a mixed secondary school in Kisumu county, is said to have missed his KCSE examinations because of the detention.
Justice Thripsisa Cherere sitting in Kisumu on Thursday said that the minor’s freedom of movement and right to education were violated.
“From the material before me, I find that the removal from school of SOO by the respondent in the year he was to sit his KCSE examination and his confinement at the fist respondent church subjected him to psychological torture,” she ruled.
The court heard that in July, 2017, the school, after noticing that SOO had reduced concentration levels, advised his parents to take him for medical treatment.
The third respondent only identified as WO and one of the parents to SOO instead took him to Pesa’s church for faith healing.
It is then that RO, an aggrieved parent to SOO and the petitioner in the case, visited the church and sought for release but it was declined.
RO accompanied by the second petitioner Kenya National Commission on Human Rights found SOO cuffed in heavy chains.
In his case, he argued that the continued detention of SOO at Pesa’s church denied him freedom of movement and liberty and is a violation of his rights to health, education and freedom from torture, cruel, inhuman and degrading treatment.
The church and Pesa concede that SOO was taken to them for spiritual prayers and asserted that there were no medical evidence to prove that he was tortured.
Also enlisted in the case were the County government of Kisumu, executive committee member for health and sanitation, Cabinet Secretary at the Ministry of Heath, Attorney General.
National Gender and Equality Commission and National Council for Persons with Disability (NCPD) were listed as interested parties.
In her ruling, Justice Cherere dismissed case against county government and its Health CEC, saying it had no merit.
This follows a report by Dr Edwin Nyaura, a consultant psychiatrist with the county government of Kisumu who confirmed that SOO is on treatment for ana cute psychotic episode.
The condition is an illusionary illness that can be a one-time occurrence, usually of sudden onset or can occur repeatedly or may be the early phase of mental illness.
She said that the County had provided medical support and treatment for persons who suffered from mental illness as does SOO.
In her judgement she said that WO violated SOO’s right to education when he removed him from school.
“Judgement is hereby entered in favour of SOO in the sum of Sh500,000 by way of general damages payable by 1st 2nd and 3rd respondent jointly and severally,” Judge Cherere ruled.
