Justice Kariuki, a judge of the Court of Appeal, had sued the Attorney General after an attempted murder case against him was dropped.
The judge said he was wrongfully arrested ‘commando style’ and publicly humiliated on October 20, 2008 for “attempting to cause the death of Robert Karori by stabbing him in the stomach by (sic) a sharp object on October 18, 2008 along Kabete Road in Spring Valley”.
Investigating officers told the court they were under pressure from the Attorney General and the Justice minister (Martha Karua) to arrest the judge and keep him in cells although investigations were incomplete and there was no evidence to support a murder charge.
The judge, who says he read malice in his arrest and prosecution for ending his relationship with Karua, however told the Chief Magistrate’s Court that he did not sue her because it is the State and not the Minister who prosecuted him.
Following his acquittal for lack of evidence on October 15, 2009, Justice Kariuki sued the State for damages arising from malicious prosecution and was awarded Sh5 million by Justice George Odunga on January 14, 2016.
Part of the judgement reads: “His arrest was affected by police officers in not less than two vehicles who were armed with AK47 rifles in the company of the press.
Instead of ringing the bell, the police officers climbed over the gate, hence his contention that the arrest was made in a commando style. On being arrested, the plaintiff was taken to Gigiri and thereafter to Kamukunji Police Station.
“It was during his incarceration that he learned that the incident was instigated by then Minister for Justice, Martha Karua, who then sent her lawyer, Steve Njiru to confirm that he was being humiliated in the manner desired by the said Minister who also instructed the Attorney General to ensure prosecution was mounted.
“According to the plaintiff, he was made to understand that the PCIO (Provincial Criminal Investigation Officer) was under pressure from both the Attorney General and the Minister for Justice. The police admitted that the charge of attempted murder was a hoax and this was confirmed by the findings of the trial court.”
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