A city businessman has moved to court seeking over Sh26.95 million in compensation for wrongful prosecution and detention of his Range Rover for nearly eight years.
Businessman Bryan Yongo Otumba and Wayaga Construction Company Limited have filed a petition before the Milimani High Court accusing the State, Mwananchi Credit Limited and its director Dennis Mwangeka Mombo of malicious prosecution, false imprisonment and unlawful detention of the vehicle.
In a plaint filed on August 22, 2026, Yongo says the dispute arose from a Sh4 million loan advanced by Mwananchi Credit on November 24, 2016, and secured by his Range Rover Autobiography, registration number KCH 856A.
According to the suit, the vehicle was handed over to Mwananchi Credit and Mombo as security for the loan.
Yongo says a dispute later emerged over the amount allegedly outstanding, with the lender calculating interest at 10 per cent per month compounded and a default penalty of five per cent per week.
He accuses Mwananchi Credit and Mombo of converting what was essentially a civil and commercial dispute into a criminal matter by reporting him to police on March 15, 2018.
Yongo was arrested on October 27, 2018, and two days later charged alongside Wayaga Construction in Milimani Chief Magistrate’s Criminal Case No. 2035 of 2018.
They faced charges of forgery, uttering a false document, obtaining money by false pretences and having suspected stolen property.
The businessman argues that the criminal case was unjustified because Mwananchi Credit had allegedly searched and verified the vehicle’s logbook before advancing the loan.
He further points out that the lender filed a civil case against him and Wayaga Construction seeking Sh7.49 million just 11 days after the criminal charges were preferred.
The plaintiffs argue that the sequence of events demonstrated that the criminal process was being used alongside a civil claim arising from the same transaction.
The criminal proceedings continued for more than five years before then Senior Principal Magistrate Benmark Ekhubi acquitted Yongo and Wayaga Construction on January 23, 2024, after the prosecution called eight witnesses.
The plaintiffs say the trial court found that the disputed logbook had in fact been issued by the National Transport and Safety Authority, although unscrupulously, and that the prosecution failed to prove Yongo authored the alleged forgery or knew the document was false.
They also fault the prosecution for failing to call Mohammed Yunis, the vehicle’s seller, despite his statement having been recorded during investigations and his evidence being central to the transaction.
The Director of Public Prosecutions subsequently challenged the acquittal before the High Court in Criminal Appeal No. E005 of 2024.
However, Justice Alexander Muasya Muteti dismissed the appeal on July 29, 2026, under Section 352(2) of the Criminal Procedure Code.
The judge held that “the decision of the learned Honourable Magistrate to acquit the respondent was properly grounded in law and evidence; thus, the appeal cannot possibly succeed and lead to reversal of the decision of the trial court.”
Justice Muteti further ruled: “The preliminary objection by the respondent is allowed and the appeal is hereby summarily rejected.”
The High Court also ordered the release of the Range Rover and closure of the criminal file.
Yongo now accuses the DPP of being guilty of inertia, alleging that the prosecution failed to regularise the record of appeal for nearly two years and left the threat of prosecution hanging over him like 'the sword of Damocles."
The plaintiffs further claim that the Range Rover remained detained as a police exhibit for close to eight years, leaving it exposed to the elements and deterioration.
Although the High Court ordered its release on July 29, 2026, Yongo says the vehicle was eventually released on or about August 20, 2026, following repeated demands.
In his petition, he seeks several reliefs including Sh26.95 million in special damages, comprising Sh1.5 million in legal and court expenses, Sh13.95 million for loss of use of the vehicle for 93 months and Sh11.5 million for diminution in value or restoration costs.
He is also seeking general damages for malicious prosecution, aggravated and exemplary damages, compensation for conversion or detinue of the vehicle, interest and costs of the suit.
Yongo says the prosecution damaged his reputation and business standing, caused mental anguish and financial losses, and led to the loss of clients, business opportunities and income.
He further complains that reports concerning his 2018 arrest and prosecution remain publicly accessible despite his acquittal and the subsequent dismissal of the DPP’s appeal.
The Attorney General has been sued over the conduct of National Police Service officers, while the DPP is accused of unlawfully charging, prosecuting and pursuing the appeal against the acquittal.
Mwananchi Credit and Mombo are accused of being instrumental in setting the criminal law in motion and sustaining the complaint.
Yongo and Wayaga Construction want the High Court to find the defendants jointly and severally liable and award the damages sought.
The petition is pending directions and hearing.
