The Court of Appeal has awarded a total of Sh15 million in damages to six individuals who were unlawfully arrested and brutally assaulted by police officers during a 1992 protest against the excesses of former President Daniel Arap Moi’s regime.
The judgement, delivered on Friday, the court acknowledged that the victims’ rights and freedoms were severely violated during the violent crackdown by government security forces, specifically the General Service Unit (GSU).
The six victims— Irene Wambui, Gladys Thitu, Josphat Mbugua, Francis Ndegwa, Teresiah Njuguna, and Mary Njoroge—will each receive Sh2.5 million as compensation for the abuse they suffered.
The Court of Appeal’s decision comes after years of legal battles that highlighted the grave mistreatment endured by the protesters, who were demanding the release of 54 political prisoners, including former assistant minister Koigi Wamwere.
The peaceful protest took place at Uhuru Park’s Freedom Corner in Nairobi, where the group gathered with the intention of exercising their constitutional right to assemble.
However, they were met with an aggressive and violent response from police officers, who unleashed tear gas and physically assaulted the unarmed protesters.
The victims had only brought basic supplies, such as clothes, blankets, water, copies of the Bible, hymn books, and a tent provided by well-wishers—tools of peaceful protest, not of violence.
In their 2013 petition, the six individuals recounted harrowing accounts of being beaten, kicked, slapped, and tear-gassed while being detained.
Despite their suffering, the High Court initially dismissed their case in 2017, ruling that there was insufficient evidence of pain and suffering.
The court argued that the assault—slapping, kicking, and beating—did not meet the threshold for torture, thus ruling out the possibility of awarding damages.
However, the Court of Appeal, led by Justices Daniel Musinga, Francis Tuiyott, and George Odunga, disagreed with the High Court’s decision.
The appellate judges ruled that the treatment endured by the protesters was not just abusive, but also a serious violation of their constitutional rights.
The court found that the security forces had acted with impunity, undermining the fundamental principles of justice and human rights.
Speaking after the ruling, one of the victims, Irene Wambui, expressed her relief, saying, “It has taken many years for justice to be served, but today, we feel vindicated.We were not criminals; we were simply exercising our right to speak out against injustice. This compensation is a small recognition of the pain we endured, but it is also a step toward healing.”
For the first time, the government has been forced to acknowledge the wrongful actions of its security forces during this dark chapter in Kenya’s history.
With this ruling, the Court of Appeal has set an important legal precedent that ensures victims of state-sanctioned violence can seek justice and be compensated for their suffering.
