Why DPP, IG have been ordered to pay supermarket attendant Sh5 Million

Win for supermarket attendant

File image of the Director of Public Prosecution Noordin Haji and Inspector General of Police Hillary Mutyambai during a past event

The Office of the Director of Public Prosecutions and that of the Inspector General of police have been ordered to pay a total of Sh5 million to a former supermarket attendant.

The court ruling follows a 5-year-long search for justice in which the attendant, one Mr Anthony Murimi Waigwe, had sued the state officers for his wrongful arrest.

Mr Waigwe demanded compensation after he lost his job at Kamindi Selfridges store in Donholm shortly after being apprehended by police in Kayole Estate.

Miscarriage of Justice

Waigwe was arrested in Kayole estate as a robbery suspect on the morning of July 22, 2015 as he was on his way to his work station.

According to court documents, he was held in police custody for eight days before being presented in court. The robbery victim is also said to have failed to identify him as the attacker during a lineup.

He was arraigned at the Makadara Law Courts where he denied charges and granted a Sh1 million surety which he was unable to pay.

He spent 23 months in prison and eventually the prosecution withdrew the charges against him.

Due to his incarceration, Waigwe lost his job where he used to earn Sh35,000 and has been unable to get a new job since.

Justice J. A. Makau ruled that Waigwe had proved that he was arrested and prosecuted for no reason and his rights had been violated by the state officers.

Though the petitioner had also sought to have the Attorney General and IPOA held responsible for the miscarriage of justice, the judge found them not liable.


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