- But the Attorney-General is seeking to have the case struck out on grounds that it was filed in the wrong court.
- The petitioners allege that the State, during detention, subjected them to cruelty, inhumane and degrading treatment.
- They say they were illegally arrested and detained them at Kamiti, Naivasha and Kodiaga maximum prisons on false suspicion.
Nine former Kenya Air Force soldiers detained over the attempted 1982 coup d’état have sued the State seeking compensation for damages.
However, the State wants the case dismissed.
The Attorney-General, through a State counsel, made an application for dismissal before Justice Stephen Radido seeking to have the case struck out on grounds that it was filed in the wrong court.
In a notice of preliminary objection, the State argued that the petition was improper since it was not filed in accordance with the law.
“The petition should be dismissed because its claim as drafted and filed contravened the Constitution. They also offend the Section 12 (1) of the Industrial Court Act,” read the document.
The former soldiers who were detained after the attempted coup have sued the State “for subjecting them to all manner of torture during detention”.
They filed the petition at the Employment and Labour Relations Court in Nakuru seeking payment for damages and compensation for the violation and contravention of their fundamental rights and freedoms.