A man has been awarded Sh5 million as compensation for unlawful arrest and detention.
Anthony Murimi Waigwe was arrested as a robbery suspect by Kayole police officers on the morning of July 22, 2015 while on his way to work at the Kamindi Selfridges supermarket in Donholm where he was an attendant.
Court documents showed he was held in police custody for eight days without being arraigned in court. The robbery victim failed to identify him as the attacker in a parade.
Despite the lack of evidence, Mr Murimi was arraigned at the Makadara Law Courts where he denied charges. Due to the seriousness of the charges, he was granted a bond of Sh1 million with surety of the same.
The accused was unable to pay the bond and as a result, he spent 23 months in prison before the prosecution withdrew the suit two years after his arrest.
Due to his incarceration, Murimi lost his job at the supermarket where he used to earn Sh35,000 per month. He has also been unable to secure gainful employment due to the stigma associated with the crime he was alleged to have committed.
In his suit against the Attorney-General (AG), Director of Public Prosecutions (DPP), Inspector-General of Police (IG), the Independent Policing Oversight Authority (Ipoa), and Corporal J. Ochieng, Murimi claimed his rights were violated and that he was not informed of the reason for his arrest.
Justice J. A Makau on June 4, 2020 ruled that Waigwe had proved that he was arrested and prosecuted for no reason and his rights were violated.
The judge also found that right to a fair trial and administration action was breached.
At the same time, the court exonerated the AG and Ipoa saying they were not liable for violating the petitioner’s constitutional rights.
Justice Makau held the DPP, IG, and the arresting officer liable and ordered them to pay Murimi Waigwe Sh5 million.