Justice Odunga’s ruling further reads, “The Nairobi Area Criminal Investigation Officer wrongfully caused the plaintiff to be publicly humiliated and occasioned considerable distress, as a result, the plaintiff’s name, character and reputation as a judge and law-abiding citizen were damaged.
To the plaintiff, the powers of the offices of Nairobi Area Provincial Criminal Investigation Officer and Director of Public Prosecutions were abused and used to subvert justice and violate constitutional rights of the plaintiff, hence the defendant is liable to pay damages to the plaintiff as a result of the wrongful actions of the government officers concerned.”
Justice Odunga, in his ruling, finally notes: “In this case, it is clear that the arrest and arraignment of the plaintiff was done in haste and prematurely, and I daresay recklessly. Further from the evidence, it would seem that the intention of the investigators was to ‘nail’ the plaintiff.
The plaintiff contended that the prosecution was instigated by then Minister for Justice Hon Martha Karua with whom they had parted ways apparently acrimoniously.
I, however, cannot make any adverse findings against the said person as she was never made a party to these proceedings, hence to do so would amount to a violation of her rights to a hearing in disregard to the rules of natural justice.
“Therefore, considering the plaintiff’s position as well as the inflationary tendencies, the nature of the offence which carried life sentence, it is my view that an award of Sh5,000,000.00 for general damages for malicious prosecution is reasonable compensation in the circumstances and I award the same.”