Survivors and victims of torture, who endured brutalization or lost their lives at the infamous Nyayo House torture chambers by police officers, have initiated legal action against the government. Their petition seeks to have the chambers transformed into a national monument.
The lawsuit, filed by the Kenya Human Rights Commission (KHRC), the Law Society of Kenya (LSK), and four survivors – Wachira Waheire, Florence Murage, Joseph Manje, and Ngotho Kariuki – on behalf of other victims, names the Attorney-General and the Cabinet Secretaries for Interior and Tourism as defendants.
The petition challenges Legal Notice Number 11 of 1991, which designated the Nyayo House torture chambers as a protected area, thereby limiting public access. This decision contradicts the recommendation of the Truth, Justice, and Reconciliation Commission (TJRC) made 13 years prior, advocating for the torture chambers to be made accessible to the public.
The recommendation had a one-year implementation timeframe, which has not been met.
“Despite various State commitments on the same, the Respondents have failed/neglected to effect the recommendation or actualize their commitments; to the detriment of the Petitioners, other victims/survivors (or their estates) and to the detriment of the nation’s heritage and history,” the petition reads in part.
“The 1st – 4th Petitioners, survivors of torture at Nyayo House, have the right to restorative justice and reparations. Such reparations include commemorations and memorials.”
Despite the initial opening of the chambers to the public on February 18, 2003, following the conclusion of the late former President Daniel arap Moi’s regime, subsequent efforts to maintain its accessibility have proven unsuccessful. Access to the chambers now requires permission from the Nairobi County Commissioner and the National Intelligence Service (NIS).
If the court rules in favor of the petitioners, the chambers will be open to the public, serving as a memorial and educational site about Kenya’s history at the former torture facility. Milimani Law Courts Judge Lawrence Mugambi subsequently scheduled a hearing for September 23, 2024, to provide further directions on the case.
“I have perused the petition dated 04/06/2024 together with the affidavit in support sworn by Benard Wachira Waheire of the even date and direct that the petition be served within 3 days and the response be filed within 14 days,” he ruled.
“That a rejoinder may be filed simultaneously with submissions by the Petitioner within 14 days from the date of receipt of responses by Petitioner. That respondents to file their submissions within 14 days from the date of service.”
