A Kakamega court has awarded former ambassador Ambeyi Ligabo Ksh 2.5 million in damages after ruling that he was maliciously prosecuted over forgery allegations that damaged his reputation.
Senior Principal Magistrate Zachariah Nyakundi found that the case, filed by Machanja Ligabo, was motivated by malice and lacked evidence.
The case dates back to 2017 and originated from a long-standing family dispute over land ownership.
Machanja Ligabo accused his cousin, Ambeyi Ligabo, of forgery, leading to his dramatic arrest on August 30, 2017, charged with forging a land transfer document, and a prolonged legal battle that ultimately cleared him.
Ambeyi Ligabo, a respected diplomat with 35 years of service, was stationed in Bujumbura, Burundi, when the accusations arose.
Following Machanja Ligabo’s complaint at Kakamega Police Station, authorities acted swiftly, arresting Ambeyi Ligabo. He was later presented in court and charged with forgery in Criminal Case No. 2564 of 2017.
Throughout the trial, Ligabo maintained his innocence, claiming the accusations were baseless and motivated by personal vendetta.
The prosecution relied on a contested land transfer document as evidence. However, the defense argued that the signature on the document did not match Ligabo’s, and a forensic examination supported this claim.
Despite the lack of solid evidence, the case dragged on for three years. The extensive media coverage worsened Ligabo’s situation, making it difficult for him to clear his name.
On September 15, 2020, the Kakamega Chief Magistrate’s Court acquitted Ligabo under Section 215 of the Criminal Procedure Code, citing insufficient evidence.
The ruling emphasized that the prosecution had failed to establish a credible case.
Following his acquittal, Ligabo filed a civil suit seeking damages for malicious prosecution. He argued that the case was baseless and intended to damage his reputation and career.
The civil case, presided over by Senior Principal Magistrate Zachariah Nyakundi, examined the circumstances surrounding his wrongful arrest and prosecution.
The court found that the prosecution lacked reasonable cause and was motivated by malice. Magistrate Nyakundi held Machanja Ligabo fully responsible for initiating the false case, stating:
“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 court criticized the investigators for failing to conduct proper due diligence before proceeding with charges.
A forensic document examiner confirmed that the disputed signature on the land transfer document did not belong to Ligabo, strengthening his claim of wrongful prosecution.
“The document examiner confirmed that the disputed signature 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.”
The ruling emphasized that the case was rushed to court without substantial evidence, exposing flaws in the investigative process.
Consequently, the court awarded Ligabo Ksh 1 million in general damages and Ksh 1.524 million in special damages, totaling Ksh 2.5 million, plus costs and interest at court rates.
However, the court cleared the Attorney General of any wrongdoing, ruling that state prosecutors had acted within their duty and were not involved in the malicious prosecution.
This decision underscored the responsibility of private complainants in initiating wrongful legal proceedings.
Legal experts consider this ruling a significant case in addressing malicious prosecution and wrongful arrests in Kenya. It highlights the importance of thorough investigations before pressing charges to prevent innocent individuals from facing unjust legal battles.
The false accusations deeply affected Ligabo’s personal and professional life. Once a highly regarded diplomat, he faced stigma and public scrutiny, with some people perceiving him as guilty despite his acquittal.
In court, he shared the humiliation he experienced due to the wrongful charges.
“I served in government for 35 years, and being falsely accused of such a crime was humiliating,” he told the court.
Despite his legal victory, restoring his reputation remains a challenge. Wrongful accusations often leave a lasting stigma, making reintegration into public service or diplomacy difficult.
With the ruling in his favor, Ligabo now focuses on rebuilding his public image. He remains hopeful that the court’s verdict will help clear any lingering doubts about his integrity.
“I have always maintained my innocence. The court has spoken, and I am grateful for justice,” Ligabo said after the ruling.
While financial compensation cannot fully undo the damage caused, it serves as an acknowledgment of the injustice he suffered. Legal analysts hope this case sets a precedent for fair investigations and accountability in Kenya’s justice system.
For now, the former ambassador is focused on restoring his reputation, hopeful that justice has paved the way for his redemption.
