Kenya: Prime Minister to Testify in Detention Case

Paul Ogemba

13 June 2011

Nairobi — The High Court has summoned Prime Minister Raila Odinga to testify in a petition filed by a former MP seeking compensation for unlawful detention by former president Daniel Moi’s regime.

Lady Justice Kalpana Rawal issued the summons upon a request by former Alego-Usonga MP Mr Otieno Mak’Onyango to have Mr Odinga and four others as his witnesses.

In her ruling to summon the five, Lady Justice Rawal agreed that the illegal detention and prosecution of Mr Mak’Onyango is something that cannot be denied or taken for granted.

She said the court wants the witnesses to show if malice and unlawful imprisonment took place, and if compensation should be paid out to the former MP.

“Mr Mak’Onyango is allowed to plead the violation of his human rights and consequent damages. The court wants to hear the witnesses to determine grave issues of human violation raised by the plaintiff,” ruled Lady Justice Rawal.

She directed Mr Mak’Onyango to serve Mr Odinga and the others with the summons to appear in court on July 5 and 6 when the case is listed for hearing.

Detention

Others summoned alongside the PM are Prof Alfred Osonya of Moi University, Prof Dominic Oduor Otieno from the University of Nairobi, Dr Peter Ndegwa and Mr Alfred Ouma.

Mr Mak’Onyango has sued former president Daniel Moi and the Attorney General for his arrest after the 1982 attempted coup and subsequent four year detention without trial.

In his petition, Mr Mak’Onyango says the government should be held responsible for the action and misconduct of Mr Moi and the torture meted on him by the police.

He said that he was arrested in August 1982 from his place of work at the Standard newspapers without a warrant of arrest, held at the General Service Unit (GSU) headquarters for four days and subjected to cruel inhuman treatment.

Five days after the arrest, Mr Mak’Onyango told the court that the AG terminated his case and was released by the High Court only to be re-arrested and detained for four years without trial.

He cited the particulars of malice as lack of evidence linking him to the charges preferred against him, Mr Moi and the police’ knowledge that he had no role to play in the attempted coup and an unlawful identification parade held at the GSU headquarters to implicate him.

He is seeking general and punitive damages, and wants the government to shoulder the cost of the suit.

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