Delayed Justice in Kenya: The King’ong’o Massacre Kin’s Trek to Justice

by Isabella Obara – Human Rights Lawyer, IMLU

On the tragic nights of September 3rd and 4th, 2000, Bernard M’Mwirichia, the sole survivor of the King’ong’o Prison Massacre, witnessed the brutal killing of six inmates at Nyeri Prison in Kenya. The victims, Peter Loyara Lumukunya, James Irungu Ndugo, John Njoro Njuguna, Julius Mungania M’Moraa, Peter Ngarushane Emashe, and Peter Koring, died after a heinous attack by prison warders.

This marked the beginning of a protracted legal battle for justice. In February 2002, the Nairobi PM Inquest No. 122/2000 was concluded with a determination that the deaths were not accidental. The court in this case found that the warders were culpable of killing the six inmates. In the succeeding criminal case, ruled in December 2008 (R v. Jacob Muthee & 8 Others [2008] eKLR), nine warders were found guilty of murder and sentenced to death. Following the appeal of the warders, in 2012, a Court of Appeal bench acquitted five of the accused and upheld the conviction of Jacob Muthee, Joseph Rukwaro, Caesar Mwangi, and Samuel Ngugi, who were in charge of the security of the inmates during the night of the attack.

Following this, the Independent Medico-Legal Unit (IMLU) engaged Counsel Mbugua Mureithi to file a Petition seeking reparation to the victims’ families. On November 9th, 2023, the Court declared 100% liability of the State for the deaths of the inmates and awarded KES.3,000,000 in compensation to each plaintiff, along with interest at court rates from the date of filing, and costs.

8,466 days after the fateful night, the families of the slain inmates concluded their legal journey—or so they thought. To date, 9 months after the judgement awarding reparation, the State is yet to compensate the victims.

Is this the beginning of another legal battle to enforce compensation through Judicial Review?

This article was first published in the Community Corner of our Just Reparation newsletter. These contributions are invaluable in enriching our collective understanding and fostering meaningful dialogue within the reparation community of practice. If you would like to be featured, we encourage you to submit your contributions to [email protected].