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Why Tiaty MP Kamket wants State to compensate him Sh100M

Kamket was accused of inciting herders to invade and attack communities in Ol Moran

Tiaty MP William Kamket during a presser in Parliament Nairobi. [David Njaaga, Standard]

Tiaty Member of Parliament (MP) William Kamket has moved to the High Court in Nakuru to sue the government over what he describes as malicious arrest and prosecution.

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Kamket, through his lawyer Kipkoech Ng’etich, stated he is seeking damages to the tune of Sh100 million in compensation, hours after he was acquitted of incitement charges.

On Monday June 27, Nakuru Chief Magistrate Ednah Nyaloti dropped all charges after the prosecution failed to produce witnesses.

“We are going to file a case seeking Sh100 million in damages and compensation for the malicious prosecution from the state to serve as a lesson for their actions,” Ng’etich told reporters as he added that the MP felt harassed, embarrassed and subjected to public ridicule.

The MP had, on September 8, 2021, been arrested following clashes between farmers, conservationists and pastoralists in Lakipia. At the time of his arrest, eight people had died, among them three police officers and hundreds had been displaced from their homes.

Kamket who was arrested at his home in Baringo was accused of inciting herders to invade and attack communities in Ol Moran. According to the state prosecutors led by counsel Alloys Kemo, Kamket was also involved in the meetings and planning of the attacks.

Following his arrest, Kamket was released on a Sh500,000 bond. Since September, the trial failed to commence as the prosecutors sought adjournments five times, claiming they needed more time to produce witnesses.

However, on Tuesday, June 21, the prosecution through state counsel Maureen Wambui, applied to withdraw the case under Section 87 (a) of the criminal procedure code. Chief Magistrate Nyaloti, declined to drop the case citing section 210.

"Because prosecutors had failed to call any witnesses or adduce any evidence, the case against the accused is dismissed for want of prosecution and the accused is acquitted under Section 210 of the criminal procedure code,” ruled Nyaloti.

Section 210 reads: "If at the close of the evidence in support of the charge, and after hearing such summing up, submission or argument as the prosecutor and the accused person or his advocate may wish to put forward, it appears to the court that a case is not made out against the accused person sufficiently to require him to make a defence, the court shall dismiss the case and shall forthwith acquit him."

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