By PETER WANYONYI. Posted Thursday, July 29 2010 at 18:39
In a welcome departure from the norm in Kenya’s Judiciary, a Nairobi court late last week awarded compensation to 21 Kenyans illegally tortured and detained without trial by former President Moi’s regime.
The compensation comes late: the cases were first filed in 1988, and other cases with similar complaints are still pending in court, while seven earlier cases were concluded last year, with Lady Justice Roselyn Wendoh awarding the victims compensation of Sh1.5 million each.
Allegations of torture at the hands of Mr Moi’s corrupt regime have been made many times – indeed, many contend that Mr Moi did not stop at torture, but that his regime murdered opponents seen as a threat to its survival.
Even hard-boiled pro-democracy activists like Kiraitu Murungi and Gitobu Imanyara – who was the lawyer in the latest case involving these allegations – had to flee into exile when Mr Moi’s security men turned the heat on.
It came as a massive relief to Kenyans when Mr Moi’s Kanu was soundly defeated during the General Election of December 2002.
A line was quickly drawn under State-sponsored torture, as President Kibaki threw the infamous Nyayo House torture chambers open to public tours, and then closed forever.
A line was quickly drawn under State-sponsored torture, as President Kibaki threw the infamous Nyayo House torture chambers open to public tours, and then closed forever.
That was the first step – closing the doors on an unfortunate chapter in our recent history.
It surprises no one that torture and political repression to this extent occurred under Mr Moi’s regime, a period in Kenya’s history that will not be forgotten quickly – such was the repression, economic retrogression and ethnic discrimination under the ruthless regime.
It surprises no one that torture and political repression to this extent occurred under Mr Moi’s regime, a period in Kenya’s history that will not be forgotten quickly – such was the repression, economic retrogression and ethnic discrimination under the ruthless regime.
Few were surprised when Mr Moi’s motorcade was pelted with stones as he left President Kibaki’s swearing-in ceremony after the
2002 elections.
The courts, in awarding compensation to the victims of torture, have taken the second step in righting this massive wrong against the
people of Kenya.
The compensation is not much, and can never make complete restitution for the evil visited on these Kenyans for merely standing up for what was right.
It is a mere recognition that the State – and Mr Moi, with whom the buck ultimately stopped – were not just wrong in doing what they did, but actually committed criminal offences against Kenyans.
These are people sworn to upholding the Constitution, but who went ahead to arrest, maim, imprison and murder citizens who had done no wrong.
This is why the third and final step in this process is vital. It is not enough for the courts to merely recognise that crimes were committed against the victims of torture by the State.
This is why the third and final step in this process is vital. It is not enough for the courts to merely recognise that crimes were committed against the victims of torture by the State.
The responsibility for these crimes must be apportioned accordingly, and criminal justice procedures should be instituted against the perpetrators.
Mr Moi left power eight years ago after the ignominious defeat of his protégé, Mr Uhuru Kenyatta, by a coalition of then-opposition politicians and civil society activists.
Mr Moi left power eight years ago after the ignominious defeat of his protégé, Mr Uhuru Kenyatta, by a coalition of then-opposition politicians and civil society activists.
These people had clearly had enough of his regime’s evil ways.
To President Kibaki’s credit, Mr Moi and his regime’s goons were largely left alone after they were turfed out of power, to the extent that some of the former president’s most loyal acolytes – like Mr William Ruto – even found their way back into government as ministers.
To President Kibaki’s credit, Mr Moi and his regime’s goons were largely left alone after they were turfed out of power, to the extent that some of the former president’s most loyal acolytes – like Mr William Ruto – even found their way back into government as ministers.
To no one’s surprise, Mr Moi is opposed to the proposed constitution, a document that is strong on the very civil liberties that his regime ruthlessly curtailed.
Indeed, the people who were closely associated with Mr Moi during his ruinous reign – such as Mr Ruto – have also come out against the draft. No surprise there.
It is, however, amazing that none of the politicians in favour of the document have pointed out this consistency.
Mr Moi’s regime was always against respecting the rights of ordinary citizens. It naturally follows that he would be opposed to a constitution that actively seeks to protect those rights.In the quest to entrench civil liberties, it is crucial that the abusers of such rights – past or present – be brought to book.
Mr Moi’s regime was always against respecting the rights of ordinary citizens. It naturally follows that he would be opposed to a constitution that actively seeks to protect those rights.In the quest to entrench civil liberties, it is crucial that the abusers of such rights – past or present – be brought to book.
This is why the Attorney-General, Mr Amos Wako – or his successor – should open criminal cases against Mr Moi and his erstwhile
government’s associates, for the torture of the victims that were recently awarded compensation by the courts.
Anything less than that is unacceptable.
Mr Wanyonyi is an IT professional working in the Middle East. (pwanyonyi@gmail.com
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