Two convicts serving death sentences have sued the Inspector General of Police David Kimaiyo and the state for unlawful detention prior to the death verdict.
Richard Gathogo and Peter Kangangi have moved to the Nakuru High Court seeking compensation for 76 days they claim they were detained before their trial at a Molo magistrate’s court.
The duo were separately tried and found guilty of robbing Robert Chege of assorted property worth Sh13,000 while armed with swords and clubs at Kapsita farm in Molo.
In a petition filed in court, they stated that they were arrested on February 22, 2007 before they appeared in court for the charges more than two months later.
They claimed their stay in remand exceeded the 14 days limit for holding suspects of an offence punishable by death as stipulated in the current constitution by 62 days.
“The 76-day detention was beyond the prescribed period under section 49(1) of the constitution,” they stated in their separate petitions.
The death row prisoners stated that they were pursuing damages for infringement of their rights by the police.
They further stated that they could not raise the issue during the hearing of their case because they were seeking to be acquitted, arguing that now they have the opportunity to explain their case.
Presiding Judge Janet Mulwa gave the attorney general, who is also sued, in the case 30 days to file a response.
Mention of the case was slated for December 28, when the court will issue more directions.