The High Court has ordered the Attorney General, Inspector General of Police, and the Director of Public Prosecutions (DPP) to pay a man Kes 3.4 million for malicious prosecution.
Justice Francis Olel ruled that Josephat Kibagendi Mogaka had trumped-up charges leveled against him to cover up the 2015 shooting of Josephat Mwenda, who was later murdered by convicted ex-police officer Fredrick Leliman.
Leliman accidentally shot Mwenda in the arm while attempting to apprehend boda boda operators in Syokimau, leading to Mogaka's capture.
The late Mwenda was also charged with possessing bhang, in addition to the charges against Mogaka and his co-accused for gambling and resisting arrest.
He then filed lawsuits against the Attorney General, the Inspector General of Police, and the DPP, claiming that the accusations made against him were unfounded in fact and amounted to an abuse of prosecutorial authority.
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According to Justice Olel's ruling in the judgment, Mogaka's prosecution was started without doing the necessary investigations, which led to the conclusion that the allegations were fabricated with malice and were motivated by ulterior motivations.
Further, the Judge said the DPP had the powers to review the case and terminate the charges, that hung over Mogaka’s head in excess of 39 months but allowed the case to proceed, thereby violating his rights.
Additionally, the judge determined that the Police Inspector General was accountable for the conduct of the officers who detained Kibagendi on false pretenses.
Consequently, the High Court ruled that the government must provide Mogaka Kes 3.4 million for malicious prosecution, Kes 3 million for rights infringement (which will accrue interest at the court's rate until paid in full), and Kes 400,000 for case expenses.
