Lawyer awarded Sh7.7m for wrongful arrest, prosecution
Lawyer Kirimi Mbogo. He was awarded Sh7.7 million for wrongful arrest and prosecution. PHOTO | CHARLES WANYORO | NATION MEDIA GROUP
What you need to know:
- The lawyer had sued NTSA following the collapse of a case in which he was accused of driving a car with a cracked windshield and exceeding the speed limit.
A Meru court has ordered a government agency to compensate a lawyer Sh7.7 million for wrongful arrest, malicious prosecution and imprisonment.
Meru Principal Magistrate Gathogo Sogomo ruled that the lawyer, Kirimi Mbogo, suffered immensely in the hands of National Transport and Safety Authority (NTSA) officials and traffic police officers four years ago and ordered that he be paid immediately.
The lawyer had sued NTSA following the collapse of a case in which he was accused of driving a car with a cracked windshield and exceeding the speed limit.
The officials had on September 22, 2016 at 9am, stopped Mr Mbogo at a roadblock they had mounted at Muthara market, in Tigania East as he drove from Maua to Meru.
They handcuffed the lawyer and held him for hours inside a vehicle belonging to NTSA accusing him of flouting traffic rules.
The officers then towed his vehicle to the Meru Police Station and have never returned his car key to date. He had to get another key.
Later the same day, Mr Mbogo was charged but was acquitted after nine months because the arresting officers did not produce any evidence against him.
Consequently, the lawyer filed a case at the Tigania Law Courts seeking compensation for wrongful arrest, illegal imprisonment and malicious prosecution.
During the hearing Mr Sogomo heard how during the arrest, the officers harassed and embarrassed Mr Mbogo in the presence of other road users, his passengers and clients.
The court received evidence that indicated that the police and NTSA officers demeaned the advocate and that their actions were malicious and unjustified.
The lawyer argued that, at one point, the officers insulted and ridiculed him in the presence of passers-by, thus demeaning his standing as an officer of the court.
While making the judgment, the magistrate condemned the officers involved in the wrongful treatment of Mr Mbogo, and urged them to be mindful of other road users.
Mr Sogomo then awarded the lawyer Sh7.7 million as compensation and costs of the case and interests.
Mr Mbogo indicated that he will move to execute the decree after expiry of two weeks if he will not have been paid by then.
