Man seeks compensation for 'wrongful' detention

A 53-year-old man in Lunga Lunga is seeking justice after he was allegedly unlawfully arrested and detained for five years after which the court released him for lack of evidence.

Joseph Muli had been detained at the Shimo la Tewa Maximum Prison over murder allegations.

Muli said on December 19, 2004 he had gone to the market to repair his bicycle and his wife had gone to church when police from Lunga Lunga police station went to look for him at home.

"They went to the church and told my wife that I should go to the police station immediately, which I did. When I asked them why they were looking for me, they instead detained me, saying I was a murder suspect," recalled Muli.

He said he was held for two weeks at the police station and on January 6, 2005, he was taken to the Mombasa High Court where he was charged with murder. "I had been implicated in the murder of a man whom I treated as a father and I was shocked," said Muli.

Muli said he was later remanded at Shimo la Tewa Maximum Prison for five years as his case was being heard.

He said the case was under different judges but was concluded in 2010 by Justice Joseph Sergon, who ordered that he be released for lack of evidence.

"Justice Sergon's order delayed since he had been transferred and a new resident judge was to take over the case. But Sergon had also recommended for a retrial to the new judge. I developed ulcers and high blood pressure and I was admitted at the Coast General Hospital for weeks," he said.

Muli said the new judge, Maureen Odero, said there was no need for a retrial and after lack of witnesses she released him.

He said when he was released on December 20, 2010 his wife and five children had gone to their maternal grandmother. "I had to ask for shelter from a neighbour as I constructed a small house while I did menial jobs. I later went to Makueni to pick my family," he said.

Muli added, "If I was around, my children would have been able to finish school but they had to drop out because nobody was there to pay their school fees. I want compensation and justice."