Today in History: Maina wa Kinyatti Arrested, Jailed for Six Years, and Tortured

On June 2, 1982, five plainclothes officers from the Special Branch conducted a raid at the residence of Maina wa Kinyatti. 

At that time, President Moi’s administration was executing a crackdown on individuals like academicians, lecturers, university students, and politicians he viewed as critics of his regime. 

Kinyatti was a professor at Kenyatta University and a prominent researcher focused on the Mau Mau liberation movement. 

During the raid, Kinyatti was not at home; instead, his wife, Mumbi wa Maina, was present. 

Mumbi wa Maina was there when the search took place and requested that the officers provide a search warrant, but they refused. 

Maina wa Kinyatti Arrested

Following the refusal, the policemen seized 23 books, 29 personal files, and Kinyatti’s typewriting machine. 

They subsequently instructed Mumbi to inform her husband to report to the Criminal Investigation Department (CID), which is currently known as the Directorate of Criminal Investigations, the next day. 

Maina visited the CID headquarters on June 3, accompanied by his wife and a lawyer.  Upon arrival, he was arrested, and his lawyer was told to leave. 

After his wife and lawyer were instructed to leave, the Kenyatta University lecturer endured intense interrogation for up to 16 hours, during which he was tortured. He was also denied access to food and water for four consecutive days.

On June 7, 1982, he was moved to Nairobi Remand Prison and charged with possession of a seditious publication under Section 57(2) of the Penal Code.  During his stay at remand, Maina was kept in solitary confinement.

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On October 19, Maina wa Kinyatti was sentenced to six years in prison by Nairobi Chief Magistrate Abdul Rauf under Section 57(2), Chapter VII, Penal Code of the Laws of Kenya, which states that “Any person who without lawful excuse has in his possession any seditious publication” is deemed guilty and subject to imprisonment for up to seven years. 

The document that contributed to Maina’s imprisonment was titled “Moi’s divisive tactics exposed,” which Moi’s government claimed to have retrieved from Kinyatti’s home and labelled as seditious. 

However, the university professor maintained his innocence, insisting that the authorities had planted the document to justify his arrest and imprisonment. 

Maina Released After Serving Six and a Half Years in Prison

During his trial, Kinyatti argued that the document was sneaked into the courtroom to frame him. Despite his defence, the court accepted the police’s account of events, resulting in his conviction and subsequent imprisonment. 

He was held in Kamiti Maximum Security Prison, where he served six and a half years. During his time in prison, he often faced regular beatings from guards and spent much of his time in solitary confinement. 

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The food provided was often undercooked, leading to a decline in his health. 

His vision also deteriorated due to poor lighting conditions in prison.

After completing his sentence, he was released in October 1988. 

Fearing for his safety, he escaped to Tanzania and eventually sought political asylum in the United States, where he resides to this day.

Maina wa Kinyatti has written a book titled Kenya: A Prison Notebook, where he has detailed the harsh treatment he underwent in prison.

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