Two Nairobi night Askaris are set to receive Sh2 Million each as compensation after they were wrongfully charged and jailed for robbery with violence.
High Court Judge John Mativo ordered the Director of Public Prosecutions (DPP) Keriako Tobiko and Inspector General (IG) of Police Joseph Boinnet to compensate John Atelu and Collins Ouma.
"I find that the two are entitled to an award of damages. I find that an award of a global sum of Sh2,000,000 each would be reasonable as compensation for violation of their rights," Justice Mativo ruled.
In January 2013, Atelu and Ouma were accused of violently robbing a police officer of his pocket radio. The officer was robbed after leaving a bar along Moi Avenue.
He later returned to the bar and accused the two who guarded the bar and a nearby building of the alleged theft.
Atelu and Ouma were arraigned in court but could not be released on bond since the court set the fees at Sh1 Million, an amount none of them could afford.
Mr Atelu was freed after four months in custody while Mr Ouma stayed in jail until December 2014.
After the real culprit was found, the two sued the Attorney General, IG, DPP and two police officers.
The AG argued that there was no violation in their case while the DPP maintained that their trial was fair.
Judge Mativo, however, affirmed that the DPP and the police officers had failed in their duty.
“The decision whether or not to prosecute is very important, it can be very upsetting if a person is prosecuted even if later found not guilty. However a decision not to prosecute can cause great stress and upset the victim of the crime,” the Judge noted.
