SURVIVING AFTER TORTURE
A CASE DIGEST ON THE STRUGGLE FOR JUSTICE BY TORTURE SURVIVORS IN KENYA
INTRODUCTION
Torture as defined in this Toolkit has been one of the major causes and manifestations of human rights violations in the society, since time immemorial. In Kenya, torture has been one of the major epitomes of impunity, stretching from the colonial era and finding its way into all the regimes after independence. All
along, survivors of torture in Kenya have found ways of seeking truth, justice, reforms and reparations via the different tools and strategies of engagement. This publication, SURVIVING AFTER TORTURE: A CASE DIGEST ON THE STRUGGLE FOR JUSTICE BY TORTURE SURVIVORS IN KENYA presents a detailed review of how the victims of torture engaged courts with a view to pursuing justice and promoting human rights. It also captures other related cases and incidents of torture experienced at the national and international levels.
Chapter One, Overview of Torture in Kenya, traces torture from the colonial regime through the post-independence regimes under Presidents Jomo Kenyatta, Daniel arap Moi and the current Mwai Kibaki. It shows how successive colonial and post colonial regimes made torture a weapon of choice and encouraged a vicious cycle of impunity which culminated in major human rights violations from 1960s to date. It comes out clear that it was the systemic torture condoned and practiced by the colonial and Kenyatta regimes that the
Moi and Kibaki regimes managed to perfect as an instrument for political manoeuvring and managing political resistance.
Chapter Two The Judiciary in the Determination of Torture Cases, constitutes the first part of the main body of this publication. The chapter traces the various approaches that victims of the Nyayo House Torture Chambers have used to pursue justice through the Judiciary since the late 1980s to date. It also specifies how civil actions have, over time, been instituted in court through plaints, originating summons, originating notice of motion and petitions.
Chapter Three on Presentation of the Selected Court Cases constitutes the second part of the main body of this digest by providing the details and outcomes of the six selected cases; that is Joseph Kamonye Manje vs Republic; Wanyiri Kihoro vs The Attorney General; David Mbewa Ndede vs Republic; Dr Odhiambo Olel vs The Attorney General; Dominic Arony Amolo vs The Attorney General; and Rumba Kinuthia and 6 others vs The Attorney General; in that order. Each case is analysed within the framework of the case overview, facts of the case, Court of Appeal decision and rationale, among others.
Chapter Four, A Review of Other National and International Torture Cases analyses other relevant cases within Kenya and without. It especially seeks to establish how the issues emerging from the previous chapter compare and contrast with other developments and cases at the regional and international levels either at the same time, or at different times, between 1980s to date.
Chapter Five mainly highlights Prognosis and Recommendations. From the four chapters, it emerges that torture is used as a weapon of repression. It is therefore imperative that reforms that are currently on-going within the judiciary and other related institutions of administration of justice be carried out
with speed so as to leave no stone unturned.
