On May 10, 1991, Stephen Njoroge Mburu’s life was irrevocably altered when he was forcibly arrested and subjected to a harrowing ordeal in the Nyayo House torture chambers. An Assistant Manager at a bank at the time, Mburu had received a cryptic phone call from someone claiming to be “Kennedy Vietnam from Ulinzi.” Ignoring this call proved to be a fateful decision, leading to his arrest by plainclothes police officers.
Mburu was initially held at Kilimani Police Station before being blindfolded, driven in circles, and ultimately taken to the infamous Nyayo House torture chambers. There, he was stripped of his dignity, confined to a small, cold, dark cell, and subjected to physical and psychological torment. He recalled being ordered to hand over all his belongings his jacket, shoes, tie, belt, watch, and even his wedding ring before being thrown a thin, old mattress to sleep on the cold cement floor.
The inhumane conditions of his confinement were exacerbated by an air-conditioning system designed to induce further suffering. Mburu was stripped naked, denied food and water, and left in total darkness. The freezing cold, along with the mental and physical strain, caused immense pain and confusion. He lay on the floor, alternating between standing, kneeling, and lying down in a futile attempt to escape the torment.
After nearly two weeks of this brutal treatment, Mburu was released without explanation, dropped off at a bus stop with just five shillings for fare. However, his suffering did not end there. A week later, one of the officers who had interrogated him approached him at work and warned him not to speak about his ordeal. This intimidation created a lasting fear that kept Mburu silent about his experiences for over two decades.
In 2017, Mburu finally sought justice by filing a constitutional petition. However, the High Court dismissed his case, citing the 26-year delay in bringing the petition. Despite acknowledging that his constitutional rights had been violated, the judge argued that Mburu had failed to explain the delay satisfactorily. The court’s decision relied heavily on a precedent case that set a strict standard for timely filing.
In his appeal, Mburu explained that his silence was a result of fear, particularly the threat of retaliation by the police. He argued that, given the political climate at the time, it was not safe to speak out. The Court of Appeal agreed with Mburu’s explanation, stating that the earlier judgment had failed to consider the context of intimidation and systemic repression that had kept him silent. The judges ruled that his fear and the prevailing environment of political oppression were valid reasons for the delay.
While the appellate court’s decision was not unanimous, with one judge dissenting, it ruled in Mburu’s favor, setting aside the High Court’s judgment and remanding the case for an assessment of damages. The ruling underscored the importance of transitional justice, acknowledging that past abuses and injustices must be confronted and addressed to facilitate healing and reconciliation.
This landmark case has significant implications for other victims of torture and abuse by state security forces during Kenya’s darker political periods. It sends a strong message that justice, even when delayed, can still be served and that the path to redress must take into account the history of repression and fear that silenced so many for years.
