Historical Injustice (Pinto Gama)

DaveSave

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Historical injustices!!

Kisili Mutua, who was convicted of Pio Gama Pinto's muder before being released later, with former Chief Justice Willy Mutunga at a past function in Nairobi.

A handcart pusher who was convicted of the murder of politician Pio Gama Pinto was awarded Sh 2.5 million in 2017.

The High court said this would be in compensation for the violation of his rights by the police while in custody.

Kisilu Mutua was sentenced to death in 1965 following the assassination of Pinto - a freedom fighter.

However, after serving 35 years in jail, President Daniel Moi pardoned him and ordered his release on July 4, 2001.

Justice John Mativo said his incarceration was unlawful and the action by state agents was in violation of his constitutional rights.

Justice Mativo said Mutua demonstrated that he was tortured by the police who squeezed his testicles until he became unconscious.

Mutua had told the court that he was arrested by six people while drinking at the New Rwathia bar with friends.

He was then taken to Eastleigh police station where he was mercilessly beaten on the toes with a rungu and his testicles squeezed.

He also told the judge that he was interrogated and severely tortured by European and African police officers.

The officers wanted him to confess to murdering Pinto, a Kenyan of Asian origin who was gunned down as he drove out of his house in a Nairobi suburb.

In his sworn affidavit, he states that the police forced him forced him to sign a statement confessing to the murder after he refused to admit to Pinto's killing.

"I was also detained at Pangani police station where I was brutalised by police officers before forcing me to sign a confession statement at the point of death."

He went to the East African Court of Appeal but his application was dismissed on November 12, 1965.

Mutua moved to the High court in 2015 seeking several declarations which included the abuse of his fundamental rights.

Justice Mativo said the Constitution prohibits torture and inhumane acts as well as degrading treatment of suspects in the hands of police.

source: www.the-star.co.ke

Check out the magazine he is holding: Awaaz.
A very good read for historical Kenya.
 

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