Wednesday, July 6, 2011

Kenya: Damages for Wrongful Incarceration

A former death row inmate in Kenya has won 2 million Kenyan shillings for "unlawful confinement," according to a Daily Nation article.  He was sentenced to death after being convicted of robbery with violence which carries a mandatory death sentence in Kenya.  On appeal, his sentence was reduced to six and a half years, presumably because the greater charge of robbery with violence did not stick (since until I hear otherwise, the death sentence is still mandatory for robbery with violence even after Mutiso v. Republic striking down the mandatory death penalty for murder).  Apparently, his suit was based on the six extra months he spent in prison beyond when he completed his term.  The court agreed, as would courts in most countries, that the former death row convict is entitled to tort damages for wrongful detention.  I would be curious to know how frequently cases like this are actually litigated and how often the plaintiff (ex-defendant) prevails in a suit against the police commissioner and attorney general.

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