The Supreme Court has ordered the government to award Sh17.5 million to seven women victimized by the Moi regime as compensation.
The seven women who were brutalized during the 1992 protest at Uhuru Park are to receive Sh2.5 million each after a successful appeal against a case dismissed by the High Court in 2018.
“The Government of Kenya shall pay damages assessed at Sh2,500,000.00/- to each of the appellants in this consolidated appeal,” a judgement released on Friday, January 27 reads in part.
While granting the appeal against a 2019 Court of Appeal decision sustaining the verdict of the High Court, the Supreme Court overruled a finding that the women exceedingly delayed filing the suit.
Moreover, the apex court held that given the historical context under which their rights were violated, the women had a valid claim even though there was delay in filing the case.
“The appellants’ explanation for the delay in filing their petitions in the High Court is plausible to the extent that it was attributed to lack of faith in the pre-2010 judiciary,” the Supreme Court stated.
“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,” it added.
Nonetheless, the women led by Monica Wamwere, had stormed Uhuru Park on February 28, 1992, staging a hunger strike as they demanded the release of political prisoners by President Daniel arap Moi’s regime.
Also Read: “Your Competition Can Never Be Your Cheer Leader” – Karua
According to the court, despite not having medical reports to prove physical injuries, the women suffered when the police brutally suppressed their protest, the raid was traumatic.
“Although the appellants did not exhibit any physical injuries or medical reports, the Court is persuaded that the whole incident had a psychological/traumatic effect on them.” The court noted.
“This is because the respondent did not give any justifiable reason(s) whatsoever why it was necessary to violently disrupt and disband the protests by the appellants who were harmless,” the judgement stated.
Likewise, the court said the traumatic experience suffered by the women can be equated to inhumane treatment which was a violation of Section 74(1) of the repealed Constitution.
