Court Awards Ex-Ambassador Ligabo Sh 2.5M Over Malicious Prosecution

A Kakamega court has awarded former ambassador Ambeyi Ligabo Ksh 2.5 million in damages after finding that he was maliciously prosecuted over forgery allegations, a case that dented his reputation and career.

Senior Principal Magistrate Zachariah Nyakundi ruled that the prosecution was driven by malice and lacked reasonable cause, holding the complainant, Machanja Ligabo, fully liable for initiating the case that led to the ambassador’s wrongful arrest and trial.

“The actions of the 1st defendant (Machanja) may have been intended to punish the plaintiff for reasons known to himself. I hold the 1st defendant 100% liable for his actions,” the magistrate 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 dramatic arrest on August 30, 2017, upon arrival from Bujumbura, Burundi, where he was stationed as a diplomat. He was charged the following day in Criminal Case No. 2564 of 2017 a case that was extensively covered by the media. 

The retired ambassador recounted his ordeal in court, narrating how he was arrested upon landing in Kenya and placed 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, under Section 215 of the Criminal Procedure Code (CPC), citing a lack of evidence.

The SPM court handling the civil case found that the prosecution lacked probable cause, highlighting flawed investigations.

"The document examiner confirmed that the disputed signature on the documents was made by a different author other than the ambassador," noted Magistrate Nyakundi.

"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," he added.

The judgment faulted investigators for failing to conduct due diligence, concluding that the case was hurriedly taken to court without substantial evidence.

The SPM court acknowledged the damage to the ambassador’s standing as a respected diplomat, noting that the case received extensive media coverage.

“The forgery case may have dealt a blow to his reputation and standing in society. I do not doubt that the plaintiff must have been traumatized for the period he was in police cells,” the magistrate ruled.

Consequently, the court awarded Ligabo Sh 1 million in general damages and Ksh 1.524 million in special damages, totaling Sh 2.5 million, with 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.

With the ruling in his favor, the former ambassador now seeks to rebuild his image after years of battling a wrongful accusation.