Former President Daniel Arap Moi (1979-2002) has been ordered to personally appear in court to answer veteran politician Jean Marie Seroney surviving widow and childern over the murder of husband and father respectively.
Finally, it will be the first time in close to a decade outside power that Moi will personally appear in a court of law to respond to charges related to torture which he afflicted on opponents during his reign.
If the former president honours the summons, it will be the first time that Mr Moi has appeared in the dock to defend himself.
He has been sued by a widow for allegedly arresting, torturing and detaining her husband leading to his death 31 years ago.
The case by Ms Zipporah Seroney will be heard on March 25.
Ms Seroney and her five sons and daughters sued the government and Mr Moi claiming that were it not for the detention, her husband Mr Jean-Marie Seroney, would have not died in December 1982.
Mr Seroney served as a Member of Parliament from 1961 to 1975.
Lawyer Gitobu Imanyara said Mr Seroney was detained without trial in 1975 until 1978 at the behest of Mr Moi who was the Vice President. After he became president, he continued targeting Mr Seroney until he died. Ms Seroney swore that they were thrown out of the family home and when she attempted to return in 1991, she was violently turned back and her daughter Christine Chepkorir gang-raped.
The former president has however denied the allegations and wants the suit dismissed on grounds that it is defective, incompetent and filed in bad faith.
Through lawyer Juma Kiplenge, Mr Moi claimed that he was not responsible for Mr Seroney’s detention and that he cannot be equated to the State which was the custodian of fundamental rights at the time of the detention.
“The allegations are baseless since the said detention was done by the then minister in charge of security,” said Mr Kiplenge.