Peter Ndegwa filed the petition on Monday, April 5 seeking the court’s intervention to have the Directorate of Public Prosecution (DPP), the Inspector General of Police and his former employer be held accountable for loss of his earnings.
Ndegwa indicated in an affidavit that the police did not conduct a thorough and sufficient investigation before arraigning him and his co-accused in court. He added that the action ruined his reputation in addition to the loss of financial benefits.
Ndegwa cited the pain and suffering that the DPP and the IG put him through were a breach of contract as provided by his former employer’s terms of employment and in contravention of the labour laws in Kenya.
From the over Ksh 200 million compensation that the banker is asking for, he wants Ksh162 million to represent the loss of earnings and another Ksh2 million for each of the 17 years that he has worked for the bank.
Additional demands include Ksh50 million for stress and mental anguish which resulted from the malicious prosecution and payment for the costs used in hiring a lawyer during the trial.
“1st defendant acted unreasonably and was actively and maliciously involved in investigating as well as supporting the prosecution against the plaintiff,” Ndegwaâ€™s affidavit reads in parts.
He is further demanding that the bank pays 70 percent of the total compensation claims while the rest be paid by the government agencies that were involved in the case.
The bankers were arrested for plotting to steal Ksh 163 million between March 26 and September 18, 2015 at the bank’s headquarters in Nairobi.
The two were then charged in 2017 with conspiracy to steal from the bank.
According to the evidence presented in court, the duo allegedly fraudulently approved loans to Quicktele Ltd Company.
The court had also been told that the directors of the said company allegedly fled the country upon receiving the loans.
The DPP and the bank called in six witnesses against the defendant but the magistrate said that the evidence presented did not meet sufficient standards for conspiracy to commit financial fraud.
Chief Magistrate Martha Mutuku acquitted them in December 2020 leading to Ndegwaâ€™s decision to sue the DPP, IG and the lender.