Ex-CEO sues government for Sh 5.9 billion over wrongful conviction

A former Chief Executive Officer of Christian Health Association of Kenya has moved to court seeking Sh 5.9 billion compensation from the government for alleged malicious prosecution 41 years ago.

Simiyu Makari has filed a case at the High Court in Eldoret against the Attorney General, Inspector General of Police and the Director of Public Prosecution (DPP).

Through his lawyer Francis Omenya, Makari wants the court to award him the amount for what he termed as malicious arrest, prosecution, conviction and sentence in a case of stealing by servant.

According to the court papers, the former CEO pleaded not guilty to the charge of stealing more than Sh3 million from his former employer.

Makari was then handed three years imprisonment after trial before the Senior Resident Magistrate’s Court in Nairobi after he was found guilty of the charge.

Aggrieved by the conviction, he moved to the High Court in Nairobi accusing the state of malicious prosecution, wrongful arrest, detention and sentencing.

The High Court dismissed his appeal and upheld the 3-year sentence.

Dissatisfied with the court’s decision, Makari moved to the Court of Appeal where he got a reprieve after the three-judge bench led by Justice James Nyarangi (deceased), H G Platt and J M Gachuhi (deceased) acquitted him of the charge of stealing by servant in a judgment delivered on August 8, 1987.

The appellate court ruled that there was no evidence as to the terms of employment of Makari in the service of the complainant.

The Judges said that the trial court could not tell what monies the appellant was entitled to, who could sign cheques and who could authorise payments.

“Some search evidence was necessary to prove that the appellant had no claim of right under section 268 (1) of the penal code. This case provides an excellent example of cautionary tale, the moral of which is: do not overload a prosecution with unnecessary material. We find merit in the appeal which we allow, quash the conviction and set aside the sentence which unfortunately has already been served," ruled the Court of Appeal Judges.

The case will come up for hearing on September 7, 2024.