A handcart pusher who was jailed for the murder of independence politician Pio Gama Pinto, was on Friday, May 12, awarded KSh2.5 million for violation of his rights by the police while he was in custody.
Kisilu Mutua was convicted of the popular politician’s death in 1965 shortly after his assassination. Pinto was a leading freedom fighter in Kenya.
But after serving 35 years in jail, President Daniel Moi pardoned Mutua and ordered his release on July 4, 2001.
This past Friday however, Justice John Mativo said Mutua’s incarceration was unlawful, that the action by state agents were in violation of his constitutional rights.
The judge ruled that Mutua had demonstrated that he was indeed tortured by the police who squeezed his testicles until he lost consciousness.
“I am persuaded the petitioner proved to the required standard that his rights were violated by the police, considering the nature of torture meted out on him during the time of arrest and when he was taken to court to face murder charge,” Mativo said.
According to Mativo, the court cannot look away and fail point out the deterring acts which amount to the infringement of the constitutional rights of a citizen.
Mutua told the court that he was arrested by six people while drinking at the New Rwathia Bar with friends.