Rubia in Sh325m demand suit for Moi-era detention

Veteran politician Charles Rubia (right) consults with his lawyer David Mereka in a Nairobi court on February 28. photo | Paul waweru 

By SAM KIPLAGAT

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Summary

Veteran politician Charles Wanyoike Rubia says torture left him dependant on medication and ruined his business empire

Kenya’s first African mayor and second liberation hero Charles Wanyoike Rubia is demanding Sh325 million from the State for illegal detention in 1990.

Mr Rubia, who was arrested twice during President Moi’s regime, said the amount is for special and general damages for infringing on his rights and freedom.

He said he spent Sh12 million between 1991 and 1999 and a further Sh30 million for medical expenses, upon his release.

Mr Rubia said although he cannot quantify the amount of his losses, he believes Sh325 million is justifiable.

Mr Rubia was arrested together with veteran politician Kenneth Matiba and detained for agitating for the return of multiparty politics.

Mr Matiba was last year awarded about Sh1 billion for his unlawful detention in the early 1990s and collapsed business empire.

Looking frail but still sharp, Mr Rubia told Justice Chacha Mwita that he was arrested twice and illegally confined during the Nyayo era.

And during the detention, he suffered poor health and his family was devastated because no one wanted to be associated with them.

Among the investments and positions he had to relinquish were Peponi School, Rweru General Stores and had to relinquish his directorship at Co-operative Bank and ICDC as well as Provincial Insurance, now known as UAP Insurance.

Mr Rubia, 94, said he was first arrested in February 1987 on false allegation that he was the financier of Mwakenya and for working in cohorts with church leaders to topple President Moi’s government. He was detained at Nyayo House for five days before he was released.

READ: Matiba gets Sh504m for illegal detention

The second arrest was on July 4, 1990 when he together with Mr Matiba and the late Martin Shikuku called for a rally at the famous Kamukunji Grounds.

“I was arrested three days before the planned rally. It is a fact that I was arrested for agitating for the return of multiparty politics. Although painful, I am happy it brought all the changes we enjoy now,” he said.

While being led in evidence by his lawyers David Mereka and Irungu Kang’ata, Mr Rubia wondered why the government was doubting the fact that he suffered while in detention. “It happened to me. I don’t know why they are doubting what I am saying. I am still weak and depend on medication,” he said.

Mr Rubia, who also served as Starehe MP between 1969 and 1988 said during the arrest, the police blindfolded and took him in circles for several hours. He was later kept in a dark underground room alone.

The former Cabinet minister said he was stripped half-naked and tortured physically and mentally while his family and friends didn’t know his whereabouts.

His detention, he said, lasted for about nine months and was only released when his doctor and government physician recommended that he be released or taken to hospital.