Man Awarded Ksh 5M After Wrongful Arrest

  • The Milimani Law Courts in Nairobi as pictured on November 18, 2019.
    The Milimani Law Courts in Nairobi as pictured on November 18, 2019.
    Simon Kiragu
    Kenyans.co.ke
  • A Kayole man will be smiling all the to the bank after a Nairobi court, on Friday, June 5, awarded him Ksh.4.5 million as compensation and an additional Ksh.500,000 as punitive damages for wrongful arrest and prosecution.

    Presiding High Court Judge James Makau ruled that police and office of DPP violated Anthony Murimi Waigwe’s rights for preferring a robbery with violence charge against him without evidence in 2015.

    “I find that it is not properly right in a civilized society like ours to close our eyes, ears and mouths when police officers arrest and charge innocent Kenyan youth and have them taken through an unnecessary criminal trial like in the instant case.

    “In my view, any good prosecution must be purposeful and should not be used to stage-manage cases. In a democratic society like ours no one should be charged without authorities conducting proper investigations," he stated.

    A judge hears a case outdoors at the Milimani Law Courts in Nairobi on Tuesday, March 17, 2020
    A judge hears a case outdoors at the Milimani Law Courts in Nairobi on Tuesday, March 17, 2020
    Twitter

    Justice Makau observed that the charge was unwarranted as the suspect was not found in possession of any stolen goods.
     
    Waigwe, who was working as a shop attendant at Kamiti Selfridges Supermarket in Donholm estate, encountered police officers on his way home.

    Mr. Murimi was arrested and taken to Kayole Police Station where he spent more than one week before being presented before the court over fictitious charges. 

    He was later charged with robbery with violence after the identification parade which the judge noted was driven by malice as there was no substantial evidence to support the charge presented.

    Waigwe's case is just one of many wrongful arrests that have been reported in the country.

    In March 2020, seven police officers were fined Ksh 9.8 million by the High Court as damages to 20 victims. The officers were found guilty of illicit arrests, harassment and illegal detention of 20 people at Ongata Rongai Police Station on June 4, 2016.

    An armed Kenya police officer steps out of a police car.
    An armed Kenya police officer steps out of a police car.
    File