The Supreme Court on Friday, June 30, dealt a blow to former spy boss Stephen Mwangi Muriithi after it dismissed his petition compelling former President Daniel arap Moi's estate to pay him Ksh2 billion in compensation.
In its ruling, the apex court ruled that the petitioner erred by failing to enjoin the state in the case.
According to the seven-judge bench, Muriithi would have been compensated had he enjoined the state through the Attorney General.
The Supreme Court indicated that it limited itself to the habeas corpus application - a recourse in law which applies to all cases of illegal confinement or detention by which any person is deprived of his liberty. In such an instance, the police are directed to present a detained person listed in the appeal.
Muriithi, who died in June 2021, sued the former Head of State for Ksh2 billion in compensation after being detained by police in 1982.
In an effort to seek legal redress, his family, in the same year, filed a habeas corpus application that the High Court rejected in the same year.
"The Court limited itself to the following two issues for determination: whether or not a habeas corpus application bars proceedings for the enforcement of fundamental rights and freedoms.
"Whether a court order in a habeas corpus application could determine the legality of detention under the provisions of the Preservation of Public Security Act (now repealed)," read the Supreme Court ruling in part.
Though it was determined that police unlawfully detained the Muriithi, the Court indicated that it could not direct the state to pay the compensation as they were not part of the suit.
"Given the limited scope of the Court’s jurisdiction under Article 163 (4) (b) of the Constitution, the issue of the liability of the estate of President Moi was not properly presented before Court. Article 163 (4) dictates how the Supreme Court exercises its jurisdiction as conferred by the Constitution or any other legislation.
"The Court’s hands were tied, and it could not order any form of compensation against the said estate," read the judgement in part.
Chief Justice Martha Koome, her deputy Philomena Mwilu, Justices Smokin Wanjala, William Ouko and Isaac Lenaola formed the majority in the Supreme Court judgement.
However, Justice Mohamed Ibrahim and Njoki Ndungu dissented from the ruling by the majority, noting that they would have awarded the petitioner compensation amounting to Ksh5 million for the deprivation of his liberty.
Additionally, they would have granted Muriithi Ksh27.5 million in compensation for the deprivation of his property.
"Interest on the awards of Ksh5 million and Ksh27,541,720 at court rates of 12 per cent per annum from the date of the Judgment of the High Court issued on April 6, 2011, is hereby granted," read part of the minority ruling.
In 1981, Stephen Mwangi Muriithi, a former aide of President Daniel arap Moi, was arrested after a fallout with the late head of state.
His family filed a petition at High Court in 2009, seeking Ksh2 billion compensation for his unlawful arrest, years after it rejected the habeas corpus application.
In 2011, the High Court ruled in his favour, forcing the late President to file a petition at the Court of Appeal.
Moi won the case at the appellate court as the High Court ruling was nullified, prompting Muriithi's family to move to the Supreme Court.
