By Faith Anene, Kakamega
A Kakamega court has awarded former ambassador Ambeyi Ligabo Sh2.5 million in damages after ruling that he was maliciously prosecuted over forgery allegations, a case that damaged his reputation and career.
Senior Principal Magistrate Zachariah Nyakundi determined that the prosecution lacked reasonable cause and was driven by malice.
The magistrate held Machanja Ligabo, the complainant, fully responsible for initiating the case that led to the ambassador’s wrongful arrest and trial.
“The actions of the first defendant (Machanja) may have been intended to punish the plaintiff for reasons known to himself. I hold the 1st defendant 100 per cent liable for his actions,” Magistrate Nyakundi ruled.
The case stemmed from a 2017 complaint by Machanja Ligabo at Kakamega Police Station, accusing his cousin, Ambeyi Ligabo, of forging a land transfer document.
This led to the ambassador’s arrest on August 30, 2017, upon his arrival from Bujumbura, Burundi, where he had been serving as a diplomat. He was charged the following day in Criminal Case No. 2564 of 2017, a case that garnered extensive media attention.
The retired ambassador recounted his ordeal in court, describing his arrest upon landing in Kenya and his subsequent placement in police custody before being accused of stealing land from a widow.
“I served in government for 35 years, and being falsely accused of such a crime was humiliating,” he told the court.
After a three-year trial, the Kakamega Chief Magistrate’s Court acquitted him on September 15, 2020, citing a lack of evidence under Section 215 of the Criminal Procedure Code (CPC).
The SPM court handling the civil case found that the prosecution lacked probable cause, citing flawed investigations. The document examiner confirmed that the disputed signature on the documents was made by someone other than the ambassador.
“There is not one iota of evidence to prove that the accused was the author of the transfer documents or that he uttered the documents to the Land Registry as alleged,” Magistrate Nyakundi noted.
The court criticized investigators for failing to conduct proper due diligence, concluding that the case was rushed to court without substantial evidence.
The court acknowledged the harm to the ambassador’s reputation as a respected diplomat, particularly given the extensive media coverage of the case.
“The forgery case may have dealt a blow to his reputation and standing in society. I have no doubt that the plaintiff must have been traumatized for the period he was in police cells,” the magistrate said.
As a result, the court awarded Ligabo Sh1 million in general damages and Sh1.524 million in special damages, totaling Sh2.5 million, plus costs and interest at court rates.
However, the court cleared the Attorney General of any wrongdoing, ruling that state prosecutors acted within their duty and did not maliciously prosecute the diplomat.
