Supreme Court Awards Keeth Matiba Heavy Compensation For Torture Under Moi

Veteran Kenyan politician, Keeth Matiba has been awarded over half a billion shillings for his treatment at the hands of state agents in 1991.

Mr. Matiba, who at the time was a Member of Parliament, was arrested and tortured by President Daniel arap Moi alongside Charles Rubia, a Cabinet Minister, for agitating for a multiparty democracy.

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The two men were held without trial at the Kamiti Maximum Security Prison where they were allegedly subjected to inhumane conditions with great violations meted upon them. Matiba was also denied his medication while in detention which resulted to him suffering a stroke.

He was released two days after a head scan confirmed he was bleeding in his brain and required urgent blockage of the arteries. The stroke affected half of his body and incapacitated him for some time.

Supreme Court judge Isaac Lenaola who handled the case at the High Court before he was promoted, awarded the compensation making it the highest amount ever given to a victim of torture so far.

“Real justice can be expensive and nothing in compensation can return Keeth Stanley Jindo Matiba to the sprightly and fit man that he was before his detention,” read the judgment.

Justice Lenaola agreed with the plaintiff saying that his medical condition was triggered by the events in detention. He said it greatly affected his business acumen, attention, focus, energy guidance and leadership skills.

Matiba’s family was suing the state for about KSh5 billion, being the total worth of his businesses that collapsed owing to his incarceration. They argued that the politician had an illustrious career in politics and a flourishing business empire.

Keeth Matiba was among the African pioneers in the tourism and hotel industry. His properties such as Jadini, African, and Safari beach hotels were sold off to settle debts.

Other business ventures in which he lost include the prestigious Hillcrest Group of Schools, his majority stake in carbon dioxide manufacturers, Carbacid, and millions of shillings worth of shares at the East African Breweries and the East African Portland Cement.

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The judge agreed with the suit that his businesses deteriorated while others collapsed due to his incarceration and absence at their helm. He, however, did not agree with the amount saying it was only proper that the state should bear 20 percent of the claim.

For the torture and inhumane treatment in the hands of state agents, Justice Lenaola awarded Keeth Matiba KSh15 million. For medical costs, the judge awarded KSh18 ,146,631.52 and a further KSh 471,664,258.50 as compensation for financial losses.

“The state must now wake up and realize that past misconduct will not go unpunished,” said the judge.

Lenaola said the government of the day must accept atrocities were indeed committed adding that it must remain a lesson for Kenya not to return to “those dark days”.

“Justice must be looked at from the prism of ensuring it is seen in the eyes of victims and not the amounts awarded in damages.”