BY SAM ALFAN .
A man who was charged with the murder over a decade ago and spent seven years in remand has been awarded Sh5.5 million for malicious prosecution.
Evans Oketch Mawere damages of Sh5 million for malicious prosecution and a further Sh500,000 for false imprisonment for the period he was detained without a court order.
“I accordingly enter judgment in favour of Evans Oketch Mawere against the Defendants (DPP, AG, Inspector General and corporal Cosmos Katindi) jointly and severally in the sum of Kshs. 5,500,000 plus costs of this suit and interest from the date of this judgment until payment in full,” ruled Justice Arsenath Ongeri ruled.
Corporal Cosmos Katindi was the investigating officer and testified in the murder case.
Mawere sued the Director of Public Prosecution, Attorney General and the police for malicious prosecution and illegal detention after he was arrested and charged with murder.
Through lawyer Kethi Kilonzo, Mawere sought to be paid for false imprisonment and malicious prosecution.
He was arrested on 24th November 2010 and taken to court on 5th of December 2010.
Prior to his arrest, he admitted that he used the deceased’s phone on 4th of June 2010.
It was his evidence that on 5th December 2010, the DPP charged him with the offence of murder before the High Court.
The proceedings were terminated on 13th November 2017 after spending seven years in prison.
While acquitting him, the High Court found that the case was poorly investigated and that DPP was under pressure to charge him.
He said in cross-examination that he stayed in custody for seven years because he could not afford bond.
