Friday, May 9th 2014
NAIROBI, KENYA: The Court of Appeal has thrown out Sh3bilion judgment filed against former President Moi by former deputy Intelligence director Stephen Mureithi on grounds of wrongful detention.By Standard Digital Reporter
The decision has a drastic effect on all cases filed by former detainees because it was awarded on the basis that detention was legal under the Constitution under which it was ruled.
The court further ruled that those detained had the opportunity to appeal using the Constitution in force then.
The ruling upsets the country’s highest award ever given by the High Court against an individual.
Mureithi, who is also a former Managing Director of Kenya Airports Authority was to get Sh2.5 billion and another half a billion in interest accrued.
The Appellate Judges John Mwera, William Ougo and Daniel Musinga overturned the High Court decision by Justice Jean Gacheche in 2011.
In a twist of fate Mureithi who was to be paid is now faced with a new challenge of meeting the costs of the suit. Moi was represented by lawyer Ochieng Oduol.
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