LIZA CATHERINE WANGARI MWANGI v ATTORNEY GENERAL [2010] eKLR
as the Flying Squad. Her nightmare then started. They started questioning her about her involvement with one Bernard
Kibaara who the officers were looking for. She was locked up in custody and that is when the officers are said to have
unleashed on her acts of terror that no normal human mind could fathom. She particularized the heinous act committed
on her by the said officers in paragraph 3 of her plaint. The said acts included being stripped naked, being flogged and
kicked on the buttocks while naked and spread eagled on the floor. The most repugnant of the acts perpetrated on her
however was having a 300mls Coca Cola bottle forced into her vagina by a male police officer while others held her
legs. Another threatened to insert a chili laced stick in to her vagina.
She was subjected to this inhuman and degrading punishment and treatment for a total of 13 days as she was locked
up in cells. PW1 went to the police station and tried to plead on her behalf but his plea fell on deaf ears. Eventually, the
plaintiff was taken to court where she complained of the injuries. The court ordered that she be taken to hospital for
treatment which she was.
She suffered several physical injuries and complications as well as mental injuries as particularized in her plaint. She
was
treated
in
several
hospitals
among
them
Nyeri
Provincial
General Hospital, Kerugoya District Hospital, Nairobi Women Hospital and several others.
Her treatment included some surgical interventions as shown in the medical reports produced as exhibits.
The 2 medical reports by Dr. Paul W. Mbaka and Julius M. Kiiru both outlined her condition and both doctors concluded
that other than the physical trauma which manifests itself with low moods, headaches, body aches dyspepsia etc she
has also suffered psychologically.
Even as she testified in court, she kept breaking down while narrating her ordeal and it was apparent that almost 9
years later, she is far from full recovery. She told the court that she still undergoes treatment and hence the claim for
future medical expenses. She told the court that the incident traumatized her so much that she cannot engage in
normal sexual relations. She was not just physically tortured but also humiliated and mentally dehumanized.
Her counsel has asked for general damages of KSh.24,011,520 Aggravated damages of 12,005,760 Sh. and future
medical expenses in the sum of KSh.152,915.
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