Man Paid Ksh1.6M for Spending 13 Days in Police Cell

A High Court in Nakuru has given the government a 45-day deadline to compensate a man Ksh 1.6 million for detaining him for 13 days. 

Lady Justice Rachel Ngetich stated that the government had not honoured a court ruling that awarded Lechornai Lorkuran Ksh 500,000 as compensation for wrongful detention. 

Another court later added Ksh 1,144, 865 as accumulated costs of the case which was first filed in 2010. 

Justice Ngetich blamed the office of the Attorney General for failing to pay Lorkuran despite being notified through several letters. 

Nakuru Law Courts in Nakuru County

File

"The state failed to compensate the applicant despite there being a court order directing it to pay the money within 28 days from October 1, 2014.

"An order of mandamus is hereby issued to compel state through Ministry of Interior and Coordination of National Government to pay him the compensation or be held for contempt," the court ruled. 

In court papers filed in 2010, Lorkuran's lawyer stated that he was arrested on October 8, 2010, on suspicion of having committed a capital offense of robbery with violence and was arraigned in court on October 21, 2010. 

The lawyer argued that the period surpassed the twenty – four hours required by law as he was arraigned after 13 days. 

Lorkuran argued that his rights were violated by the police. 

"In my view damages for contravention of fundamental rights of freedoms is at the discretion of the court. There was no information as to the petitioner’s occupation or trade and it is thus difficult to approximate what loss in monetary terms he suffered during the period of unlawful incarceration.

"I agree with that view but add that whether or not a person has a trade, business or occupation is not a basis to deny him compensation for the violation of his constitutional right," the court ruled in 2010. 

A file image of Kenya Police.

File