Retired President Moi has been found liable for detaining a senior security official during his rule and ordered to pay Sh2 billion in compensation.
In a precedent-setting ruling, the High Court found Mr Moi personally liable for illegal detention of former National Intelligence deputy director Stephen Muriithi.
High Court judge Lady Justice Jeanne Gacheche said Mr Moi is liable for detaining Mr Muriithi without trial for three years and ordered him to pay the former detainee Sh50 million as punitive damages and Sh80 million as compensation.
The Sh80 million compensation is to earn compound interest at 12 per cent from July 1982.
Justice Gacheche, in a ruling which is likely to open flood gates of suits over illegal detention, said that times have changed and emerging international trend, individuals and corporate bodies can be held liable for violation of human rights. Mr Moi left power in 2002.
"Under the old constitution it was deemed that state was to hold duty to protect human rights. The new trend is that persons and corporations can be held personally liable for violation of human rights," the judge said.
Source imebadilishwa
In a precedent-setting ruling, the High Court found Mr Moi personally liable for illegal detention of former National Intelligence deputy director Stephen Muriithi.
High Court judge Lady Justice Jeanne Gacheche said Mr Moi is liable for detaining Mr Muriithi without trial for three years and ordered him to pay the former detainee Sh50 million as punitive damages and Sh80 million as compensation.
The Sh80 million compensation is to earn compound interest at 12 per cent from July 1982.
Justice Gacheche, in a ruling which is likely to open flood gates of suits over illegal detention, said that times have changed and emerging international trend, individuals and corporate bodies can be held liable for violation of human rights. Mr Moi left power in 2002.
"Under the old constitution it was deemed that state was to hold duty to protect human rights. The new trend is that persons and corporations can be held personally liable for violation of human rights," the judge said.
Source imebadilishwa
