In a recent ruling, Mombasa Chief Magistrate J Kalo awarded Abdullahi Mohamed Sh19,153,392 as compensation for lost business and a vandalised truck. The case dates back to September 24, 2021, when traffic officers from Changamwe flagged down and detained Mohamed's Mercedes-Benz Actros prime mover and trailer. The truck was en route to Juba after securing a millet and sorghum transportation tender of Sh1 million.
Mohamed had sued Mukhdhar Abuu, OCS Changamwe, the Deputy Commissioner of Investigations (DCIO), and the Attorney General (AG) over the incident. He accused Abuu of making a false complaint and misrepresentation, acting in bad faith and malice, and claiming an illegal interest in his vehicle. The OCS was accused of failure to investigate properly, unlawful arrest and detention, and failing to secure the vehicle, leading to vandalism and theft.
According to police testimony, the detained truck was a directive from the former DCIO Changamwe, and there was no complaint against the truck as per the OB report. Police Constable Ernest Wambua stated that the vehicle and trailer were detained at the police station on the instructions of the former DCIO. The truck was detained for five months, from September 24, 2021, to January 27, 2022, before being released by court orders.
Abuu had reported that he suspected Mohamed of stealing his vehicle, which had disappeared in 2017. However, investigations revealed that the truck belonged to Mohamed, who used it for transporting cargo within and outside Kenya. Abuu conceded that he had no evidence that Mohamed had been his employee and there was no written contract. He also admitted that he had not reported the loss of his vehicle until 2021.
In his judgment, Justice Jairus Ngaah absolved Abuu of any liability for the vandalised truck and loss of business. However, the AG and OCS were left to pay the awarded monies after failing to appeal the award. Justice Ngaah noted that the law does not make a person liable for everything that follows from a report to the police merely because the report came first.
The court awarded Mohamed Sh500,000 as general damages for mental anguish and suffering and Sh13,990,000 as special damages, together with costs and interest. The former OCS and AG were ordered to pay the total amount of Sh19.2 million. The case highlights the importance of proper investigation and handling of detained property by law enforcement agencies.
The incident demonstrates the need for accountability and diligence in police operations to avoid similar cases in the future. The ruling serves as a reminder of the consequences of failure to secure detained property and the importance of thorough investigations.
Key points
- The court ordered the former Changamwe OCS to pay Sh19.2 million for the vandalism of a truck detained in 2021.
- The case involved a dispute over the ownership of a truck, with the plaintiff, Abdullahi Mohamed, accusing Mukhdhar Abuu of making a false complaint.
- The ruling highlights the importance of proper investigation and handling of detained property by law enforcement agencies.
