Peter Ndegwa, who had been charged with Roy Gatobu in 2017 for allegedly conspiring to steal 163 million from the EcoBank, says their prosecution made was in bad faith and on unfounded claims.
A former relationship manager at Ecobank sued the lender and the Director of Public Prosecutions demanding more than Sh200 million for malicious prosecution.
Mr Ndegwa says the lender, the DPP and the Inspector General of Police should be made to pay for the suffering he underwent and for loss of earnings. He says the police failed to conduct proper investigations before arraigning them.
The two ex-managers at Ecobank were charged in 2017 with conspiracy to steal. The charges were that they committed the offence between March 26, 2015 and September 18, 2015 at the bank’s headquarters in Nairobi.
Evidence before the trial magistrate was that the duo approved loans using fraudulent invoices to a company identified as Quicktele Ltd.
But after hearing evidence from six witnesses, Milimani chief magistrate Martha Mutuku acquitted the two, saying the prosecution failed to prove elements of the offence to the required standards.
The magistrate said there was no evidence that the two former relationship managers met and conspired to steal from the lender. She acquitted them at no-case to answer stage.
And now Mr Ndegwa says he was falsely prosecuted and that the charges were motivated by malice.
“From the foregoing, the plaintiff avers that his prosecution was characterised by malice and bad faith by the defendants and was equally marred by misrepresentations,” he says in the court papers.
Mr Ndegwa wants to be paid Sh162 million for loss of earnings, Sh2 million each year for 17 years and costs he incurred for hiring a lawyer to defend him during the trial.
He is also demanding Sh50 million compensation for stress and mental anguish for the malicious prosecution.
Mr Ndegwa says they were harassed and humiliated when the Banking Fraud Investigation Unit arrested them.
“First defendant acted unreasonably and was actively and maliciously involved in investigating as well as supporting the prosecution against the plaintiff,” he says in an affidavit.
Mr Ndegwa wants 70 per cent of the compensation to be paid by the bank while the rest to be borne by the government.
Mahakamani News is Kenya’s top court reporting and crime coverage website. If you have a case that needs coverage, or if you are facing injustice from powerful forces, fired unfairly or reporting any corruption or relevant news pertaining judiciary etc please contact us via firstname.lastname@example.org