Director of Public Prosecutions Noordin Haji has been sued for a case that reportedly caused a man heart attack.
Philip Jagero, 50, in an affidavit, demanded that the DPP, together with the Judicial Service Commission (JSC), and the Attorney General (AG) compensate him Kshs4 million for suffering cardiac arrest.
Jagero had been a state witness in a child trafficking case in a Mombasa court.
After testifying, the applicant argued that the state failed to reimburse him money to travel to Kisumu for a doctor’s appointment. As a result, he suffered a second cardiac arrest.
“The respondents to allocate me Ksh4 million as a matter of urgency to cater for my medical transport and accommodation abroad as a matter of life and death pending the hearing and determination of the matter,” he stated.
Appearing before Justice Eric Ogola, he further explained that the court had failed to reimburse him the money since he worked in an organisation that was based in Mombasa.
In his ruling, however, Justice Ogola failed to award him the compensation on grounds that he was yet to prove that him suffering cardiac arrest was because of the state.
“How will the court order that you be given Ksh4 million without showing proof? What if you fail to convince me that you are entitled to the award, how will that look,” stated Ogola.
Jagero had testified in a case where Rose Mwikali Muindi aka Jamila Mwikali was, in July 2014, charged with lying to the assistant chief that she had given birth to a boy.
