A Nairobi police officer, Constable Joel Nyaga, has been held personally liable for detaining a businessman's lorry without demonstrating lawful authority for its continued seizure. The High Court ordered Constable Nyaga to pay Sh1 million in damages and legal costs to businessman Moses Macharia, whose Isuzu FRR lorry was seized on November 17, 2021. The lorry was taken to Capitol Hill Police Station pending investigations into alleged unauthorised alcoholic beverages.
The dispute began when police intercepted the lorry at Jolijo Enterprise's godown while it was being loaded with alcoholic beverages. The drinks were described as unauthorised, and both the vehicle and goods were taken to the police station. Mr Macharia sued in May 2022, claiming the detention violated his constitutional rights to property and fair administrative action. He argued that he had acquired the lorry through a loan and relied on it for his livelihood, losing business income throughout its detention.
Justice Patricia Nyaundi found that Constable Nyaga personally seized the vehicle, took it to Capitol Hill Police Station, and continued to justify its detention despite failing to establish the legal basis for holding it. The officer opposed the petition, arguing that the seizure was lawful under Regulation 32(a)(i) of the Excise Duty (Excisable Goods Management System) Regulations, 2017. However, the respondents failed to produce court proceedings showing that the criminal court had authorised the continued detention.
The judge rejected the defence that Mr Macharia should have raised the matter before the criminal trial court or pursued complaints through the Independent Policing Oversight Authority. Justice Nyaundi found that the continued detention was unjustified and violated Mr Macharia's rights to property and protection against arbitrary seizure under Articles 40 and 31 of the Constitution. The respondents were ordered to pay the damages and costs personally, rather than have the State bear the financial liability.
The award was directed solely at Constable Nyaga, who was also ordered to meet the costs of the petition, with interest accruing from the judgment date until payment. However, Mr Macharia did not secure compensation for the business income he claimed to have lost. The court found that he had not proved the alleged loan or provided evidence establishing his lost earnings.
This judgment adds to a growing list of court decisions holding public officers personally accountable for constitutional violations committed in the exercise of their official duties. In June 2026, the High Court in Mombasa ordered senior police officers to pay Wilson Sadaka Sh500,000 for malicious arrest and detention. In March, the Court of Appeal upheld a finding of personal liability against former Rongai District Commissioner Joseph Motari Mosigisi.
The trend of holding public officers accountable is expected to continue, with courts emphasising the importance of personal responsibility in the exercise of official duties. The judgment highlights the need for police officers to exercise caution when seizing property and to ensure that they have lawful authority for their actions. Constable Nyaga's case serves as a warning to public officers of the consequences of failing to follow due process.
Key points
- A Kenyan police officer has been ordered to pay Sh1 million in damages for unlawfully detaining a businessman's lorry for nearly five years.
- The High Court held Constable Joel Nyaga personally liable for the detention, citing his failure to establish lawful authority for the continued seizure.
- The judgment is part of a growing trend of courts holding public officers personally accountable for constitutional violations committed in the exercise of their official duties.
