Court awards Sh3.5m to former diplomat for unfair prosecution

Kakamega High court Judge Justice Jesse Njagi. [File, Standard]

Margaret Ayuma Katungu, a retired Kenyan civil servant, has been awarded Sh3.5 million in damages by the High Court after being subjected to malicious prosecution.

The case, which has been ongoing for over a decade, centres on Katungu’s controversial removal from her post as the financial attaché at the Kenya High Commission in Harare, Zimbabwe, in 2010.

Katungu, who served the government for more than three decades, was accused in 2010 of embezzling $10,000 (Sh1.3 million) from the High Commission’s bank account in Harare.

These charges led to her suspension and subsequent arrest. However, the court found that the charges were unfounded, and the prosecution had been carried out maliciously.

In his judgment, Justice Jesse Njagi found that the prosecution of Katungu had been carried out without reasonable or probable cause.

“The charges against the plaintiff were pursued with little to no evidence, and the entire process was a form of retaliation for her actions in the Employment Court,” said Justice Njagi.

The judge ruled in favour of Katungu, finding that the prosecution had been driven by malice and had no basis in law.

“The prosecution’s conduct in this case was not aimed at seeking justice but was a means of punishing a public servant for standing up for her rights,” he concluded.

The court awarded Katungu Sh3 million in general damages for the mental anguish, emotional distress, and damage to her reputation that she endured throughout the lengthy legal battle.

In addition, the court awarded Sh500,000 in exemplary damages, emphasising the need to hold public officials accountable for the misuse of power.

Katungu’s troubles began in 2008 when she was informed that her term as financial attaché was to be cut short, despite the fact that she was still a year away from completing her four-year posting.

“I was simply doing my job diligently, but some senior officers in the Foreign Affairs ministry had their own agenda,” Katungu told the court.

“They wanted to replace me with someone they preferred, and they went as far as framing me to ensure I didn’t return.”

In 2010, Katungu was suspended after being accused of withdrawing $10,000 using forged documents.

However, she argued that the investigation was flawed and that she had never been subjected to any disciplinary process, as required by the Civil Service Code of Regulations.

Instead of facing a fair hearing, Katungu said she was subjected to criminal prosecution.

“I was given no opportunity to defend myself before they rushed to charge me. It felt like they were doing everything to punish me for standing up to their wrongful actions,” Katungu testified in court.

She filed a case in the Employment and Labour Relations Court challenging her unlawful interdiction.

The court ruled in her favour, ordering her reinstatement in June 2013. The ministry, however, ignored the court’s order.

On January, 20 2014, when Katungu reported to her office, she was arrested and charged with one count of forgery and nine counts of stealing by a person employed in the public service.

The charges claimed that Katungu had forged signatures and stolen government money by authorising payments to non-existent service providers.