Wanyiri Kihoro vs. Attorney General: New Insights on the Protection and Enforcement of Fundamental Rights and Freedoms in Kenya

Abstract

In 1986, a student, Wanyiri Kihoro, learning at a Mombasa law firm was unlawfully arrested by Kenyan police. During the 74 days he was held he was assaulted, tortured and subjected to inhuman treatment including being kept naked on a wet floor. He filed a complaint under sections 72 (protection or right to personal liberty), 74 (protection from inhuman treatment), and 81 (protection of freedom of movement) of the constitution.

This article is an in-depth look at the case he brought against the government and the case law and precedent that was relevant at the time of the action. This dissection of the case includes a look at damages provisions, access to the courts, the right to appeal, and how long the police can hold a suspect under the law. Re-Characterizing the Social in the Constitutionalization of the WTO: A Preliminary Analysis.