[2019] KEELRC 2059 (KLR)

[2019] KEELRC 2059 (KLR)

The court found that the Claimants were detained for 15 days and subjected to torture and inhuman treatment by the police, in violation of their constitutional rights under Section 74(1) of the repealed Constitution. The oral evidence of the Claimants was consistent and unchallenged, and the Respondents failed to rebut it. The court held that the prolonged detention and torture were unlawful and awarded each Claimant general damages for the violation. However, the court found that the police had reasonable and probable cause to suspect the Claimants, given their roles at the time of the theft, and therefore dismissed the claim for malicious prosecution. The court also found no evidence of...

Citation
[2019] KEELRC 2059 (KLR)
Parties
Applicant: Fredrick Mwaniki Musee; Applicant: Derrick Luhago Muthama; Applicant: Daniel Mbuitu; Applicant: Nicholas Mureithi; Applicant: Daniel Gichuki; Respondent: The Hon. Attorney General; Respondent: Chief Inspector Christopher Ndei; Respondent: Commissioner of Police
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Judgment Date
8 March 2019
Case Number
Cause 60 of 2015
Procedural Posture
Employment Cause / Judgment
Outcome
Judgment for the Claimants in part; damages for torture and inhuman treatment and withheld half salary awarded; claims for malicious prosecution, unfair dismissal, and reinstatement dismissed.
Judges
AN Makau
Legal Topics
Unlawful Termination, Torture and Inhuman Treatment, Malicious Prosecution, Salary Withholding, Constitutional Rights Violation
Source Language
English
Employment and Labour Civil Procedure Constitutional Law Unlawful Termination Torture and Inhuman Treatment Malicious Prosecution Salary Withholding Constitutional Rights Violation

Case Brief

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Parties

Fredrick Mwaniki Musee

Applicant

Derrick Luhago Muthama

Applicant

Daniel Mbuitu

Applicant

Nicholas Mureithi

Applicant

Daniel Gichuki

Applicant

The Hon. Attorney General

Respondent

Chief Inspector Christopher Ndei

Respondent

Commissioner of Police

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the Claimants were subjected to inhuman, degrading or other treatment contrary to Section 74(1) of the repealed Constitution of Kenya and therefore entitled to damages under Section 84(2) of the said Constitution.
  2. 2 Whether the Claimants were maliciously prosecuted and therefore entitled to damages.
  3. 3 Whether the Claimants were unlawfully and unfairly dismissed from employment and therefore entitled to damages or reinstatement.

Ratio Decidendi

The court found that the Claimants were detained for 15 days and subjected to torture and inhuman treatment by the police, in violation of their constitutional rights under Section 74(1) of the repealed Constitution. The oral evidence of the Claimants was consistent and unchallenged, and the Respondents failed to rebut it. The court held that the prolonged detention and torture were unlawful and awarded each Claimant general damages for the violation. However, the court found that the police had reasonable and probable cause to suspect the Claimants, given their roles at the time of the theft, and therefore dismissed the claim for malicious prosecution. The court also found no evidence of...

Court Disposition

Judgment for the Claimants in part; damages for torture and inhuman treatment and withheld half salary awarded; claims for malicious prosecution, unfair dismissal, and reinstatement dismissed.

Orders

  • Each Claimant is awarded Kshs.1,000,000 as general damages for torture and inhuman treatment.
  • Each Claimant is awarded Kshs.105,000 for withheld half salary during interdiction.