Uhuru Call that released Matiba’s Sh1.5b pay – Weekly Citizen

Uhuru Kenyatta authorized payment of over Sh1.5 billion compensation to the family of the late Kenneth Stanley Njindo Matiba as a mark of respect for a man he considers his mentor, we can now report.

Uhuru is a close friend of the Matiba family, having been circumcised together in the early 1970s with the politician’s eldest son Raymond Matiba and former cabinet minister John Michuki’s eldest son Martin.

The three initiates recuperated for two weeks at Matiba’s residence in Nazareth, Kiambu county.

Indeed, there were rumours in Kiambu that Uhuru was to marry one of Matiba’s daughters but they fizzled out when he married Margaret in early 1990s.

The president’s close ties with the Matibas were evident when he was among family and friends who were chosen to be pallbearers at the funeral service of the late doyen of multiparty politics.

Uhuru temporarily stepped out of his VIP confines to be a pallbearer to the man he described as a “father, a friend, and a mentor”.

Matiba’s sons, Raymond and Gitau, Uhuru’s younger brother Muhoho Kenyatta, and sons to the late John Michuki – Martin and Francis, were the other pallbearers.

The late Matiba was a close family friend to the Kenyatta and Michuki families. Indeed, Michuki’s will had named Matiba and his wife Josephine as administrators of his vast estate.

Interestingly, Uhuru’s first entry into politics was at a press conference on July 31 1990 where he joined other sons of prominent Kenyans in demanding Matiba’s release.

Others at the press conference included Alfred Getonga, Argwings Ceaser Kodhek, Peter Mboya and Francis Michuki.

According to insiders, Uhuru had assured the Matibas that they would get compensation in full and the lawyer disturbing them would only get his legal fee.

Matiba’s three children had moved to court to allow them to pursue payment and manage the millions of shillings million awarded to their late father.

Uhuru when he visited the ailing Ken Matiba

Julie Matiba, Susan Matiba and Raymond Matiba wanted the court to replace their father’s name with theirs in the suit papers to enable them to follow up the compensation money and ensure the estate does not suffer.

They claimed that lawyer John Mburu did not act on their instructions to have them enjoined in the suit in place of their father, leading to “jeopardy of their father’s estate with respect to the execution of the compensation money”.

They wanted to be brought on board in the case to pursue the money awarded to their father, ascertain the lawyer’s legal fees and settle it.

The money was awarded to Matiba as compensation for his detention during the clamour for multiparty democracy.

It was awarded by Judge Isaac Lenaola, who noted that Matiba suffered a stroke on May 26 1991, but remained in detention without any medical care for almost a week.

The judge ruled that the state should foot only 20pc of the Sh4,726,332,042 Matiba had sought for the collapse of his businesses during his tribulations.

Lenaola had noted in his ruling that real justice can be expensive and that the compensation is a lesson that no one should suffer such injustice.

Matiba died on April 15 2018, before the money was paid. There had been fights over the cash since then.

Matiba now goes into the history books as the petitioner who was awarded the highest amount by a court for torture.

The evidence presented by the politician went unchallenged during the hearing. His medical and business history was narrated by his personal doctor and close associates.

His doctor, Dan Gikonyo, told the court that Matiba, who was then alive, was in his sunset days. The government did not challenge the evidence.

The judge was told that Matiba fell ill soon after he was released from detention.

Through his lawyer, the former Kiharu MP narrated that his problems with the government began in May 1990, when he and Charles Rubia convened a press conference calling for a change of the law to allow multiparty politics.

The two were arrested and detained without trial until 1991. Other pro-democracy leaders were also detained.

Matiba suffered a serious stroke on May 26 1991, but remained in Kamiti Maximum Prison without medication for a week until he was released on June 4 1991.

By then, a head scan had confirmed he was bleeding in his brain and required urgent blockage of his arteries.

“His medical condition could have been managed by prompt treatment, but he was held in detention for too long despite his failing health,” testified Gikonyo before the High Court.

The physician further informed the court that due to unnecessary delay, the politician, who prior to his incarceration was an active man, suffered permanent disability that confined him to a wheelchair.

According to Gikonyo’s testimony, not even the best hospital in England, where he was attended to by a team of reputable neurosurgeons could bring Matiba back to his normal life as he had already suffered left brain damage.

To buttress his case for damages, Matiba, through his lawyer, Mburu said he spent more than Sh9.1 million on his treatment and continued to endure poor health.

He also argued that his once thriving business empire collapsed after his detention.

After the evidence of torture and inhuman treatment on Matiba was laid bare, Justice Lenaola awarded him Sh504 million. But following an erroneous calculation, the amount was later enhanced to Sh945 million. The figure is the highest court award ever paid to a Moi-era torture victim.