Six women who staged a hunger strike in Uhuru Park’s Freedom Corner to press for the release of their sons have been awarded Sh18 million for the torture they underwent at the hands of security agents.
The sons had been detained during the Moi regime. Justice John Mativo yesterday said the torture meted out on the six by the police and GSU officers grossly violated their constitutional rights.
“I find that their rights were violated and that they are entitled to damages,” he said.
Mativo said they will get Sh3 million apiece and the sum will attract interest from June 30, 2014 when the petition was filed until the full payment is made.
The mothers had said they were arrested and tortured on different dates between 1992 and 1993 by state agents for their resistance to police brutality. Their lawyer Gitau Mwara said they peacefully assembled to agitate for the release of their sons, but police were unleashed on them.
Mwara said they were mercilessly beaten and repatriated to their rural homes. They later regrouped and sought refuge in the basement of the All Saints Cathedral, but police continued to harass them.
Their sons had been detained for agitating for multiparty democracy. Although the state asked the court to reject the case on grounds that it was filed 22 years later, it opted to cross-examine the women, rather than call their witnesses. Mativo said because the state opted not to call witnesses, the petition remained unchallenged.
“An award will go towards vindicating the infringed constitutional rights. Considering the nature of the violations and bearing in mind it may not be easy to quantify denial of fundamental rights and freedoms, I enter judgment in their favor,” he said.