Containing the Police: The Wanyiri Kihoro Case

The Nairobi Law Monthly, Vol. 49, p, 30, July 1993

3 Pages Posted: 14 Jun 2010

See all articles by James Thuo Gathii

James Thuo Gathii

Loyola University Chicago School of Law

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.

Suggested Citation

Gathii, James Thuo, Containing the Police: The Wanyiri Kihoro Case (1993). The Nairobi Law Monthly, Vol. 49, p, 30, July 1993, Available at SSRN: https://ssrn.com/abstract=1625027

James Thuo Gathii (Contact Author)

Loyola University Chicago School of Law ( email )

25 East Pearson
Chicago, IL 60611
United States

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