The government has been ordered to pay Ksh17.5 million to seven women who protested at Uhuru Park demanding the release political prisoners during former President Daniel Moi’s regime.

In a ruling, the Supreme Court found that the rights and freedoms of the women were violated by the government through actions of police officers during the demonstrations which began on 28th February, 2022.

The women will each receive Ksh2.5 million after the successful appeal against a case dismissed by the High Court in 2018. The High Court had dismissed the case saying the women delayed in filing the petition.

However, in its judgement the Supreme Court found that there was no limitation of time in matters relating to violation of rights under the Constitution which are evaluated and decided on a case-by-case basis.

“The appellants’ (women) explanation for the delay in filing their petitions in the High Court is plausible to the extent that it was attributed to lack of faith in the pre-2010 Judiciary,”

“The Government of Kenya shall pay damages assessed at Kshs. 2,500,000.00/- to each of the appellants in this consolidated appeal.”

In addition, the court ruled that although the appellants did not exhibit any physical injuries or medical reports, the Court is persuaded that the whole incident had a psychological and traumatic effect on them.

Uhuru Park ‘Freedom Corner’ protests

On 28th February, 1992, mothers of political prisoners, aged between 60 and 80 years staged a protest demanding the release of their sons from prison.

The women would camp in a corner of Uhuru Park christened ‘Freedom Corner’ and went on hunger strike as a way of showing commitment to their cause.

However, on 3rd March police officers tired to forcibly disperse the demonstrations through hurling of tear-gas to the crowd and fired gunshots into the air.

To ward off the police, two of the protesting mothers stripped naked forcing the officers to turn away and leave the scene.

Later, the government banned the women from congregating at the ‘Freedom Corner’ forcing them to hold meetings at the All Saints Cathedral.

The mothers continued with their campaigns until 24th June, 1992 when four the political prisoners were released and by 19th January 1993 all the prisoners were released reuniting with their mothers.