Mr Kenneth Matiba. FILE PHOTO | NMG
Veteran politician Kenneth Matiba is back in court to seek an
additional Sh445 million compensation for his unlawful detention in the
early 1990s and collapsed business empire.
He has already been awarded half a billion shillings for damages.
The
85-year-old former Kiharu MP, who suffered a stroke in jail, says the
court understated the compensation and he is now demanding Sh945 million
in total.
Mr Matiba said Justice Isaac Lenaola awarded
him 20 per cent of the Sh4,726,332,042 for the loss of business and
argues that the court erroneously put the figure at Sh471.6 million.
The
court had also awarded him Sh15 million in damages and for violations
suffered, another Sh18.1 million for medical expenses, pushing the total
payout to Sh504.7 million.
Without medication
“The 20 per cent of Sh4,726,332,042 should be Sh945, 664,258.
It is necessary to correct the error in the judgment because this might
occasion him losses,” said Matiba’s lawyer John Mburu.
Justice
Lenaola, now a judge of the Supreme Court, noted that Mr Matiba
suffered the stroke on May 26, 1991, but remained in detention without
medication for one week during the era of President Daniel arap Moi.
The judge said Mr Matiba was fit physically as he used to climb mountains, but was reduced to “a state of complete inactivity”.
Justice
Lenaola, however, declined a demand by Mr Matiba for the refurbishment
of one of his hotels, saying he was stretching his claims to far.
Lost Sh5 billion
Mr Matiba had argued that he lost investments worth Sh5 billion following his detention in 1990.
One
of the witnesses in the case, financial and investment analyst Lawrence
Murigi, said Mr Matiba’s businesses started collapsing soon after his
detention.
An audit of the estate had revealed that
the politician lost more than Sh2 billion in commercial real estate and a
further Sh2 billion in privately held shares.
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