Containing the Police: The Wanyiri Kihoro Case
The Nairobi Law Monthly, Vol. 49, p, 30, July 1993
3 Pages Posted: 14 Jun 2010
Date Written: 1993
Abstract
In 1986, a student, Wanyiri Kihoro, learning at a Mombasa law firm was unlawfully arrested by Kenyan police. During the 74 days he was held he was assaulted, tortured and subjected to inhuman treatment including being kept naked on a wet floor. He filed a complaint under sections 72 (protection or right to personal liberty), 74 (protection from inhuman treatment), and 81 (protection of freedom of movement) of the constitution.
This article is a case commentary of the decision from Kenya’s highest court in Kihoro v. the Attorney-General which represents a milestone in Kenya’s constitutional litigation. It also summarizes the legal rules established by this decision.
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