Man awarded Ksh.3.4M by court for wrongful arrest, prosecution

A man has been awarded Ksh.3.4 million after the High Court ordered the Attorney General, the Inspector General of Police and the Director of Public Prosecutions (DPP) to pay him for malicious prosecution.

Justice Francis Olel ruled that Josephat Kibagendi Mogaka had trumped-up charges leveled against him to cover up the 2015 shooting of Josephat Mwenda, who was later murdered by convicted ex-police officer Fredrick Leliman.

Mogaka was apprehended after Leliman accidentally discharged his gun and shot Mwenda in the arm while trying to arrest boda boda operators in Syokimau.

Mogaka and his co-accused were charged with gambling and resisting arrest, while the late Mwenda was given an additional charge of being in possession of bhang.

He subsequently sued the Attorney General, Inspector General of Police and the DPP arguing that the charges levelled against him lacked factual foundation and amounted to abuse of prosecutorial powers.

In the judgment, Justice Olel ruled that the prosecution of Mogaka was commenced without proper investigations, leading to the conclusion that it was based on ulterior motives and accentuated by malice as the charges were trumped up.

The Judge said the DPP had the powers to review the case and terminate the charges, that hung over Mogaka’s head in excess of 39 months, but allowed the case to proceed, thereby violating his rights.

The Judge also found the Police IG vicariously liable for the actions of the officers who arrested Kibagendi on trumped-up charges

The High Court as a result ordered the government to pay Mogaka Ksh.3.4 million for malicious prosecution; Ksh.3 million for infringement of his rights which shall attract interest at court rates until it is paid in full, and Ksh.400,000 as costs of the case.