Ex-CEO of Christian Health Association seeks Sh5.9 billion for ‘wrongful detention’ 41 years ago
A view of the Eldoret High Court in this picture on November 02, 2022.
A former chief executive officer of the Christian Health Association of Kenya (Chak) is seeking Sh5.9 billion in compensation from the government for alleged wrongful detention 41 years ago.
Mr Francis Simiyu, 76, has accused the government of malicious arrest, prosecution, conviction, and sentencing in connection with the theft of more than Sh3 million from his former employer.
In the trial by a magistrate court in Nairobi, he was found guilty of stealing cash and sentenced to a three-year jail term.
Dissatisfied with the judgment of the court, Mr Simiyu appealed the sentence before the High Court in Nairobi, accusing the State of malicious prosecution, wrongful arrest, and detention.
Upon hearing his case, a three-judge bench led by James Nyarangi (deceased), HG Platt, and JM Gachuhi (deceased) acquitted him in a judgment delivered on August 8, 1987.
Unfortunately, by the time his appeal went through, he had already served his three-year sentence.
After his acquittal, he moved to the High Court in Eldoret through his lawyer Francis Omenya, to sue the government for wrongful detention.
The case has been in Eldoret High Court for the last four years.
He filed a compensation case before the Eldoret High Court against the Attorney-General, Inspector-General of Police, and the Director of Public Prosecutions.
Justice Reuben Nyakundi has completed hearing the case and has directed parties to file their submissions within 14 days ahead of the judgment.
The court will deliver the judgment on the matter on December 6.
