A couple in Nyeri county is on the brink of losing property worth Ksh721,820 to their former employee for compensation after wrongfully accusing him of extortion.
The couple, Cecilia Miigwa and her husband Joseph Kariuki, have up to December 28, 2020, to pay the full amount, failure to which Chador Auctioneers have been ordered to move in and take property worth the amount.
In 2004, the couple is said to have taken their employee, Timothy Macheru, to court and accused him of trying to extort money from them.
However, the court acquitted Macheru on basis of lack of evidence. He would later sue the couple seeking damages for wrongful arrest and imprisonment.
On July 24, 2018, senior principal magistrate Philip Mutua awarded him Ksh400,000 for general damages, Ksh45,500 for special damages- Ksh45,000 in lawyer fees and Ksh500 for court proceedings.
The award has so far gained an interest of Ksh300,000.
In his filed case, Macheru stated that the couple had reported him to the police after he sent a demand letter requesting for payment for the work he had done for them as a process server.
The court heard that the couple had conspired with the police to have him falsely arrested and charged.
When ruling on the case, the magistrate stated that Macheru was entitled to the damages after he had proved his case.
"He suffered indignity and humiliation after he was placed in police cells, which is an unpleasant experience that diminished his social standing," ruled Mutua.
"This case arose as a result of the work the plaintiff had done as a licensed process server and the charge against him was hanging over his head for one year," he added.
The senior principal magistrate found that the couple was mistaken in accusing Macheru of extortion citing that he only sent a demand letter and threatened to sue.
On their part, however, the couple stated that they did not cause Macheru's arrest, saying that they had reported the matter to the police because the defendants letters only meant to extort them.
"On arrival at the police station, I found that Macheru was already in custody having been arrested in respect to another case," Kariuki stated.
