- They are seeking compensation for the damage done to their business, property and reputation.
- Milan contend that his prosecution was an afterthought that resulted in them being deprived of their liberty
Image: FILE
A Serbian man and a Mombasa businessman who were acquitted 15 years ago for the murder of Ibrahim Akasha’s son have sued the state for malicious prosecution and imprisonment.
Stojanovic Milan and Jackson Waweru have also sued some members of Akasha’s family — Hayat Akasha Ibrahim and Nuri Akasha.
They are seeking compensation for the damage done to their business, property and reputation.
Milan is praying for the court to compel the government to compensate him over Sh993,296 for hospital bill he incurred when he was in police custody.
While testifying before High Court judge Joseph Sergon on Friday, Milan said he was acquitted on February 2, 2007 for lack of evidence.
This is after he was accused of being responsible for the murder of Kamaldin Akasha on the night of March 28, 2002, at a petrol station that belonged to his father.
He claimed the Attorney General was aware that the information given to police by two Akasha relatives and another person, implicating them, was false.
Milan told the court that as a result of his malicious prosecution, he was subjected to fear and anxiety for three years.
He said after prosecution took the evidence of 26 witnesses, then trial Judge Nicholas Ombija acquitted him, saying the prosecution had failed to prove its case against him.
During his incarceration, Milan says he fell ill and had to be admitted to the Kenyatta National Hospital where he incurred a bill of Sh993,000, which he is now claiming.
Milan contend that his prosecution was an afterthought that resulted in them being deprived of their liberty and aimed at protecting the, “true culprits,” behind the murder of Akasha’s son.
“The defendants gave evidence against me, which they knew was false," he said.
"The evidence was tendered in the knowledge that the plaintiffs would in consequence face prosecution and loss of liberty."
Based on the information given to the police by the defendants, police arrested him and Waweru at the Grand Regency Hotel in the presence and under the direction of the fifth defendant.
"I lost a business deal worth $50,000 (Sh5 million) that my company in South Africa had struck," he said.
"I had landed another deal to supply honey to Afghanistan worth $52, 942 (Sh52.9 million) which I lost as well."
The AG, Senior counsel John Khaminwa, Hayat Akasha Ibrahim, Baktash Akasha, Nuru Akasha and a policeman Boniface Ngatia Iregi are the respondents in the case.