The High Court has awarded the family of the late former Tinderet MP Jean-Marie Seroney Sh17 million as compensation for his unlawful detention and torture in 1975 by the State over a proclamation that “Kanu is dead”.
The MP, while serving as the Deputy Speaker of Parliament, was arrested within the precincts of Parliament on October 11, 1975 and held at Spring Valley Police Station overnight.
The following day he was flown to Manyani Maximum Security Prison where he was detained without trial.
The High Court has awarded the family of the late former Tinderet MP Jean-Marie Seroney Sh17 million as compensation for his unlawful detention and torture in 1975 by the State over a proclamation that “Kanu is dead”.
The MP, while serving as the Deputy Speaker of Parliament, was arrested within the precincts of Parliament on October 11, 1975 and held at Spring Valley Police Station overnight.
The following day he was flown to Manyani Maximum Security Prison where he was detained without trial.
His lawyers and family were not permitted to visit him.
"The deceased’s various rights were violated by the State. The deceased was incarcerated for more than three years. Appropriate compensation is called for in the circumstances. In my view, a global award of Sh17 million is sufficient recompense for the violation of the stated rights," said Justice Weldon Korir in his award ruling.
After being detained at Manyani for one and a half years, Mr Seroney was transferred to Kamiti Maximum Security Prison where he was detained until his release on December 12, 1978 when the then recently elected President Daniel arap Moi released all political detainees.
Mr Seroney, who passed away in 1982, said he was tortured in detention by being fed unhealthy food and being kept in a tiny cell that was lit for 23 and half hours a day.
The Attorney-General denied the allegations of the deceased's detention and asserted that his treatment while in detention was the status quo for all prisoners regardless of the reason for their imprisonment.
Justice Korir said that just because all prisoners may be subjected to these cruel forms of treatment does not extinguish the State’s liability when one prisoner wishes to hold them accountable for his own mental or physiological anguish.
"It is difficult to ascertain whether this treatment, particularly the cell which was lit for 23 and half hours was meted out to the deceased alone or to all prisoners within the Kenyan prisons," said justice Korir.
He further found that although individuals in prisons are subjected to limitation of certain rights and freedoms, they are to be treated with the respect and dignity.
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