Kenya Supreme Court Awards Sh17.5 Million to Seven Women Brutalized by Police in 1992 Protest

The Supreme Court has ordered the government to pay Sh17.5 million in damages to seven women who were brutalized by police during President Moi’s regime.

The petitioners sued the government for the violation of their human rights during a protest at Uhuru Park in 1992.

The apex court awarded Sh2.5 million in compensation to each of the seven women following a successful appeal against a case dismissed by the High Court and Appeals Court in 2018 and 2019 respectively. The government was also ordered to bear the costs of the case in the High Court, Court of Appeal and the Supreme Court.

“The Government of Kenya shall pay damages assessed at Sh2,500,000.00/- to each of the appellants in this consolidated appeal,” read a Supreme Court judgment released on Friday.

Supreme Court judges overruled a finding by the two lower courts that the appellants inordinately delayed filing the suit.

They held that given the historical context under which their rights were violated, the women had a valid claim notwithstanding the delayed filing of 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,” the court further determined.

Led by Monica Wamwere, mother to activist and politician Koigi Wamwere, the women staged a hunger strike at Uhuru Park in February 1992 demanding the release of political prisoners by President Moi’s administration.

The court noted that despite not presenting medical reports to prove the physical injuries they suffered when the police brutalized them, 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. 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 judgment stated.

The apex court held that the traumatic experience suffered by the women can be equated to inhumane treatment