Businessmen seek compensation for ‘malicious prosecution’ in Akasha case

July 26, 2016 4:00 pm
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Milan and Waweru told the court that as a result of their malicious prosecution, they faced fear and anxiety of a groundless prosecution for a period of three years/FILE
Milan and Waweru told the court that as a result of their malicious prosecution, they faced fear and anxiety of a groundless prosecution for a period of three years/FILE

, NAIROBI, Kenya, Jul 26 — TWO Mombasa based businessmen acquitted ten years ago for the murder of Ibrahim Akasha’s son have sued the State for malicious prosecution and imprisonment.

Stojanovic Milan and Dennis Ng’ang’a Waweru are now seeking damages amounting to Sh1 billion for the damage done to their businesses, property and reputation by their prosecution.

The two were acquitted on February 2, 2007 for a lack of evidence to hold them responsible for the murder of Kamaldin Akasha on the night of March 28, 2002 at a petrol station that belonged to his father.

Through their advocates the two businessmen prayed that judge Joseph Sergon compel the government to compensate them for their losses.

They claimed that the Attorney General was aware that that information given to police by two of Akasha’s relatives and another, implicating them, was false.

Milan and Waweru told the court that as a result of their malicious prosecution, they were subjected to fear and anxiety for a period of three years.

After taking the evidence of 26 witnesses, trial judge Nicholas Ombija acquitted the two ruling that the prosecution had failed to prove its case against the two.

During their incarceration, Milan claims that he fell ill and had to be admitted to the Kenyatta National Hospital where he incurred a Sh1 million bill; which he is now claiming.

Milan and Waweru contend that their prosecution was an afterthought that resulted in them being deprived of their liberty and aimed at protecting the, “true culprits,” behind the murder of Akasha’s son.

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