Former Soldier Awarded 800,000 for Unlawful Detention

A former Kenya Defence Soldier was awarded Sh800,000 by a court in Nakuru for unlawful detention at the Lanet Military Barracks.

The officer- Joseph Karobia Kinyua, had sent to jail for five years for stealing biscuits worth sh 10 and a bottle of water in 2008.

After his arrest in November that year, Kinyua's remand cell caught fire and almost burn down.

Later in February 2009, he was arraigned in court martial sitting at Kenya Military Academy Lanet and charged with six counts of civil offenses which included burning his remand cell.

The court heard that he had tried to commit suicide by burning his remand cell.

He was found guilty of damaging property as he broke the perimeter wall into the canteen when he stole the items and attempted to further steal Sh 43,000

After the passing of his five -year-sentence, Kinyua appealed the court's ruling in October 2009 but the appeal was dismissed.

He re-appealed at the Nakuru High Court in April 2012, seeking a Sh27 Million compensation, The Standard reports.

He claimed that before his trial he was put in detention for 86 days, which violated the procedure of arrested persons under the Armed Forces Act and Rule that puts the maximum days of pre-trial detention at 72 days.

He further filed torture and inhumane treatment as causes for compensation, claiming that his cell had been put on fire during his time in detention.

Presiding judge Justice Janet Mulwa noted that the Sh 300,000 per day compensation that Kinyua was seeking was an exaggeration.

She then awarded Kinyua Sh 800,000 for the said offenses and violation of his rights.

 

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