- His lawyer Paul Mwangi said that Stephen Mwangi Muriithi’s instructions before dying were that he proceeds with the appeal.
Former Deputy Director of Intelligence Stephen Mwangi Muriithi who sued former President Daniel Moi seeking close to Sh2 billion for unlawful detention and occasioning his financial loss has died.
Muriithi’s lawyer, Paul Mwangi, tweeted Monday that he died at 9.30 am at Nairobi Hospital after a long illness. He was 84.
“With sorrow, the family of Mwangi Stephen Muriithi informs the public that the legend rested this morning,” Mr Mwangi wrote.
The former intelligence officer sued Moi in 2011 and High Court Judge Jeanne Gacheche ruled in his favour.
The Judge said Muriithi’s detention without trial was not for the purpose of preserving public security but for Moi to secure commercial advantage and interfere with his liberties and rights.
The retired President appealed and in 2014, the Court of Appeal saved him from paying the former intelligence chief over Sh1.9 billion.
The appellate court set aside the decision, saying Moi was not personally responsible for Muriithi’s detention as it was an action of the State.
Justices John Mwera, Daniel Musinga and William Ouko also said Muriithi failed to prove the losses he claimed to have suffered while in detention.
“Claims by Mr Muriithi that he jointly had three companies with Moi, to ascertain percentage of shares, were not proven. His claims that Moi sold off and transferred some of the properties were also not proven,” ruled the judges.
Thereafter, Muriithi applied for certification before the Court of Appeal, seeking permission to pursue an appeal before the Supreme Court, but his request was rejected.
He moved directly to the Supreme Court and the request was allowed, but Moi died on the day the case was slated for hearing, forcing an adjournment.
He later substituted Senior Counsel Zehrabanu Janmohamed in the case, an executor of Moi’s estate.
Last month, Muriithi was informed that a hearing would take place on July 22. His lawyer Mr Mwangi said his instructions before dying were that he proceeds with the appeal.
“I can confirm that his instruction on his death bed, through his son, was that I must fight his case to the end,” he said.
The two men fought to the grave, literally.