One Kayole resident is a happy man after a Nairobi court awarded him Sh4.5 million as compensation and an additional Sh500, 000 as punitive damages after it was established that he was wrongfully and prosecuted falsely.
High Court judge James Makau, who presided the case ruled that police and office of DPP violated the man, Anthony Murimi Waigwe’s rights when they filed a robbery with violence charge against him without evidence in 2015
The High Court Judge, giving out the ruling, said that it is not properly right in a civilized society like Kenya to ignore when police officers arrest and charge innocent Kenyan youth, and have them taken through an unnecessary criminal trial like the case of Murimi.
According to Justice Makau, right prosecution must be purposeful and should not be used to stage-manage cases, and in a society like Kenya’s, no one should be charged without the authorities conducting proper investigations.
The judge observed that the accused’s matter was unwarranted as he was not found with possession of any stolen goods when the arrest was made.
Murimi, who was operating a shop at Kamiti Selfridges Supermarket in Dolnhom estate, Nairobi, was impounded by the police as he was going back home in Kayole.
Mr. Waigwe was then arrested and taken to Kayole Police Station, where he was detained for more than a week, after which he was arraigned in court over false charges.
After an identification parade was done on him, the shop attendant was charged with robbery with violence.
Justice Makau said that the identification parade was driven by malice as there was no substantial evidence to support the charges.
This is one of the many wrongful arrests that have been reported in the country where innocent people are wrongly arrested, harassed, and even detained illegally by police without substantial evidence of the crimes put to them.