Sh20m compensation for ex-officer in foiled 1982 coup

The Appellate Court has awarded a former Kenya Air Force officer Sh20 million as compensation for unlawful detention and torture over the ="https://www.standardmedia.co.ke/amp/entertainment/article/2000130082/10-things-the-1982-coup-changed">1982 attempted coup<. 

The court dismissed an appeal by the government and ordered it to pay Francis Matu. Justices Francis Tuiyot, Aggrey Muchelule and George Odunga, while dismissing the appeal noted that the Sh3 million award to Matu by the Employment and Labour Relations court in October 2018 was inordinately low.

They noted that the trial court failed to consider the unlawful and early termination of Matu’s service in computing the damages. “We have to interfere with the court’s discretion. In our considered view, the award of Sh3 million was inordinately low. We set it aside and, in its place, there shall be an award of Sh20 million plus costs and interests,” read the judgment.

In court documents, Matu noted that he was enlisted in the Kenya Air Force in 1969, and commissioned as a second lieutenant on May 22, 1970. He rose through the ranks to Major on December 14, 1978.

In the petition before the Employment and Labour Relations Court (ELRC) at Nairobi, he testified that he had travelled to Nyeri for the wedding of his brother-in-law when, on August 1, 1982, he received news through radio of an attempted coup against the government. He got his driver to drive him back to Nairobi with the intention of going to the Department of Defence for further instructions.

When he got to Nairobi, he took his family to the quarters at Garden Estate and drove to Kiambu Police Station, from where he got in touch with the officer in charge of operations at the Department of Defence to inform him that he had arrived in Nairobi and that he was at the police station.

From there, he and other officers were taken to the Kenya Army Headquarters, and then to the Airforce Headquarters Eastleigh.

Between August 2, 1982 and August 13, 1982, in company of other officers, he was detained in various police stations in the name of waiting for further instructions from his superiors.

Matu stated that on August 13, 1982 he was taken to Naivasha Maximum Prison where he was held incommunicado and detained in solitary confinement for 125 days.

He was later discharged from the force despite having no disciplinary problems. He stated that he was entitled to damages for loss of career and termination from employment at 36, before attaining the age of retirement, which was 44.

Judge Stephen Radido noted that Matu had established that he had been subjected to torture and inhuman treatment and that his right to personal liberty had also been violated and awarded him Sh3 million in general damages, costs and interest.

Aggrieved, the government lodged an appeal citing, among other issues, that the Sh3 million award in general damages was excess.

Matu appealed, stating that he was entitled to compensation as a regular and service officer of the rank of Major arising from the unlawful termination of his services for the remaining term of eight years. He said the judge made an error by failing to quantify and award him damages.

The Court of Appeal judges said they found no merit in the AG’s argument that Matu’s claim was defective on the basis that the Articles of the 2010 Constitution were not applicable where the human rights grievances and violations related to the period before its promulgation.