Man seeks Sh5.9B for arrest 41 years ago

Tuesday, March 26th, 2024 01:15 | By
Justice Reuben Nyakundi
Justice Reuben Nyakundi. PHOTO/Print

A former chief executive of Christian Health Association of Kenya has moved to Eldoret High Court seeking a Sh5.9 billion compensation from the government for malicious prosecution following his arrest 41 years ago.

Simiyu Makari through his lawyer Francis Omenya has sued the Attorney General, Inspector General of Police and the Director of Public Prosecutions (DPP) in the matter.

Christopher Wanjala, a retired Inspector of Police attached to the Directorate of Criminal Investigations (DCI) at the CID headhunters testified against the appellant before Justice Reuben Nyakundi (pictured).

The former CEO wants the court to award him the amount for malicious arrest, prosecution, conviction and sentence.

Over four decades ago, he denied stealing more than Sh3 million from his former employer. He was however found guilty and jailed for three years.

Aggrieved by the conviction, Makari moved to the High Court in Nairobi seeking to quash the jail term accusing the state of malicious prosecution. The High Court dismissed his appeal and upheld the three-year sentence. Not giving up, Makari moved to the Court Appeal where he got a reprieve after the three-judge bench led by Justice James Nyarangi (deceased), HG Platt and JM Gachuhi (deceased) acquitted him of the charge  in a judgment delivered on August 8, 1987.

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