Former CEO Sues Kenyan Government for Ksh 5.9 Billion Over Wrongful Conviction
The Court of Appeal ruled in favor of Makari, overturning his conviction and vacating his served sentence.
A former CEO of Christian Health Association of KenyaSimiyu Makarihas at the Eldoret High Court.
A former CEO of the Christian Health Association of Kenya has initiated legal proceedings in the Eldoret High Court, seeking compensation of sh 5.9 billion from the government due to what he claims was malicious prosecution following his arrest four decades ago.
Simiyu Makari, represented by his lawyer Francis Omenya, has filed a lawsuit against the Attorney General, Inspector General of Police, and Director of Public Prosecutions.
Presided over by Justice Reuben Nyakundi, the trial has begun, with testimony from Christopher Wanjala, a retired police inspector formerly associated with the Criminal Investigation Department at CID headquarters, who testified against Makari.
Makari is seeking damages for what he alleges was wrongful arrest, prosecution, conviction, and sentencing. He asserts his innocence regarding the accusation of embezzling over sh 3 million from his former employer and claims to have been unfairly sentenced to three years in prison following a guilty verdict 41 years ago by the Senior Resident Magistrate’s Court in Nairobi.
Discontent with the conviction, Makari appealed to the High Court in Nairobi to overturn his sentence, citing malicious prosecution, wrongful arrest, detention, and sentencing. However, his appeal was rejected, and the three-year sentence was upheld.
Undeterred, Makari pursued further legal action by appealing to the Court of Appeal, where he was vindicated. A three-judge panel, headed by Justice James Nyarangi (now deceased), H.G. Platt, and J.M. Gachuhi (also deceased), acquitted Makari of the embezzlement charge in a judgment delivered on August 8, 1987.
The appellate judges found insufficient evidence regarding the terms of Makari’s employment and his entitlements, including authorization of payments, cheque signing authority, and his potential claim of right under section 268 (1) of the penal code. Consequently, they concluded that the prosecution’s case was flawed by unnecessary material.
The Court of Appeal ruled in favor of Makari, overturning his conviction and vacating his served sentence. Despite this legal victory, Makari seeks compensation for the damages he endured.
The case is scheduled for a hearing on September 7, 2024.
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