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Amref to pay former staff Sh6m for malicious prosecution
Monday August 21 2023
Amref Kenya has been ordered to pay a former supplies officer Sh6.8 million for malicious prosecution. FILE PHOTO | SHUTTERSTOCK
Amref Kenya has been ordered to pay a former supplies officer Sh6.8 million for causing his arrest and instigating prosecution, which the High Court found to have been malicious 17 years ago.
A High Court judge ruled that Amref Kenya country office and the Attorney-General were liable for the offences of false imprisonment and malicious prosecution against Richard Ombui, who was charged in March 2006 with theft.
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The former supplies assistant for the international non-governmental organisation (NGO) was arrested in March 2006 and charged with stealing by servant but he was acquitted in 2011 for lack of evidence.
“Judgment be and is hereby entered in favour of the plaintiff against the defendants jointly and severally in the sum of Sh6,843,000 together with costs and interest at court rates from the date of this judgment until payment in full,” the judge ruled.
The court ruled that the employer relied on the internal audit report which showed that there were discrepancies in the stock to which Mr Ombui was the custodian.
Evidence presented in court was that Mr Omui started working for Amref sometime in 1998 as a volunteer before he was eventually employed as a supplies clerk.
The former employer denied allegations of malicious prosecution and stated that they acted reasonably by reporting the loss of their property to the police for investigations.
The NGO said the audit revealed that stationery worth about Sh3.9 million was missing from the store and honestly believed that an offence had been committed.
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The Attorney General also denied any malice and said Mr Ombui was arrested and charged after a legitimate complaint was made to the police.
