On January 7, 2013 at around 9.30pm, Collins Ouma was guarding a building along Moi Avenue when some police officers asked him for directions to Mwihoko Bar and Restaurant.
Ouma pointed to them where the pub was but the officers insisted that he accompanies them.
He insisted that leaving his duty station would land him in trouble but his plea fell on deaf ears. The officers arrested him alongside John Atelu Omilia — another guard who was manning an adjacent building.
They were bundled into a waiting police car and driven to Central Police Station where they were detained for a day. On January 9, they were arraigned on robbery with violence charges.
Apparently, a police officer on patrol had been robbed of his pair of handcuffs, gun, walkie-talkie, newspaper and Sh200,000 in cash by some thieves in a nearby street.
They denied the charges and were freed on a Sh1 million bond each, an amount that they could not raise.
A month later, the police arrested more suspects namely Charles Ndegwa Wahito and Wilfred Kanja Mburu.
This was despite Wahito confessing to knowing the perpetrators of the offence in his statement to the police.
Moreover, none of the additional suspects had implicated Ouma or Atelu in the crime.
This evidence only came out during their cross-examination since Wahito and Kanja’s statements were not supplied to Ouma and Atelu as required before the trial begins.
The case then dragged on in court the entire 2013 after the magistrate who was handling it was transferred from Milimani to Kibra Law courts.
“We were then taken to Kibra but while there, the magistrate returned the case to Milimani under a new magistrate. In 2014, the case began anew,” recalls Ouma.
During the hearing, Ouma learnt that the gang that stole from the police was dressed in uniform similar to that worn by police.
“Our uniforms were navy blue both sweaters and trousers,” Ouma recalls which perhaps explains why they were caught up in the swoop.
While in custody, his wife, Nancy Oluoch, gave birth to the couple’s first child and moved back to the village since she was fully depending on her husband for survival.
“My parents encouraged me to stay strong and allowed me to visit him once in a while in prison. It was during one of these visits that I learnt of the International Justice Mission. I approached a few officials who then helped facilitate my visits to the prison and my upkeep,” said Ouma’s wife.
In 2017 Ouma and Atelu were released unconditionally by the court after the magistrate found them free of any liability.
Their lawyers appealed for wrongful prosecution and human rights violations and won. The court awarded Ouma and Atelu two Sh2 million each for general damages.
In his judgment on May 19, 2017, Justice John Mativo said the police and the DPP erred by failing to disclose to the petitioners and court all the prosecution evidence at the earliest opportunity.
“A declaration is hereby issued that the prosecution of the petitioners in criminal case number 120 of 2013 was commenced without any factual basis,” the judge ruled.
Justice Mativo then declared that the amount shall attract interests at court rates from the time the appeal was filed until payment in full but the State is yet to pay.
“We still have the hope of getting that money since our lawyer has gone to court. The matter is coming up on March 2,”he said.
According to their lawyer, Ruth Kihuria, the cumulative amount now tallies to over Sh6.36 million. The amount includes the suit costs, the amount initially awarded and the interest accrued over time.
“We are seeking orders to compel the concerned ministry to release the amount. The judge will give directions on the matter tomorrow (Tuesday),” said Ms Kihuria.
After his release, Ouma did not see the point of returning to his former employer. He has been depending on menial jobs to fend for his family of four which is now settled at an informal settlement near Lenana High School.
His case is like that of many Kenyans who for years are yet to receive awards issued by courts for wrongful prosecution and unlawful detention of political detainees.
Solicitor General Ken Ogeto told parliament in September last year that the state was owing Kenyans Sh809 billion in unpaid court awards as at May 2019.
