Sue rogue Public Officials in their personal capacity
Using Ndiang’ui Kinyagia's recent Court victory, this article highlights the challenges victims face when trying to secure government compensation. It explores a powerful alternative: suing public officials in their personal capacity to bypass bureaucratic delays and hold them directly accountable for malicious prosecution, arrest and violations of rights.
This week, the High Court awarded Ndiang’ui Kinyagia, a blogger and social media user, KES 5 Million in damages after his rights to Privacy & Property were violated by the Police.
Justice Patricia Nyaundi held that on 21st June 2025, the Police had unlawfully entered Kinyagia’s home in Kinoo, and proceeded to search and seize his property without a warrant.
While there is a lot to celebrate in this decision, anyone who has faced the government in Court will tell you that winning the case is the easy part. The difficult part is getting the government to actually pay you the money you have been awarded by the court.
Because the Government Proceedings Act prohibits the attachment, execution or auctioning of Government Property, successful litigants are left at the mercy of the government's own timing for compensation.This can take years.
The Kenyan government is notoriously slow in paying court awards and legal damages. Government data shows that, there are litigants who won their cases during President Moi’s tenure, yet to this day, they are yet to receive their compensation. Consider, Mr. Kenneth Matiba, who, according to his lawyer died without ever receiving a cent of the KES 945 Million that the Court awarded him as compensation for unlawful detention and torture in the 1990’s.
Judging by these trends, it may be years before Mr. Ndiang’ui Kinyagia receives his KES 5 Million. Without any prospects of payment, the judgement is turned into an IOU.
While Mr. kinyagia continues to wait for his dues, the actual rogue Police Officers who broke down his doors and stole his electronics will be contentedly eating their salary and allowances in comfort. The Senior Commanders who gave the orders and directed the raid, will escape with impunity and may even get promotions
This is a story every Kenyan is familiar with. How many drivers have been forced to pay bribes to Traffic Officers who threatened to arrest them and impound their car? How many of our younger brothers have been stopped by Police Officers and asked to pay kitu kidogo otherwise rolls of bhang will miraculously be discovered in their pockets?
Sometimes, victims will sue the State for Malicious Prosecution and/or arrest and win. Thereafter, they are forced to wait for a lifetime before they can receive their compensation. In the meantime, the rogue Police Officers continue to prowl the streets waiting for their next victim.
What if there was a solution?
Depending on the circumstances, at Amasakha Kioi Law, we strategically join the rogue Officers in their personal capacity, in your claims against the State for malicious arrest & prosecution, unlawful detention and confinement, and other various violations of constitutional rights.
Police Officers, and other public officials, are only protected from personal liability if their actions are done in good faith. Public officers who act outside the scope of their official duties cannot rely on government immunity to avoid personal liability
The Court of Appeal has famously ruled that, " a public servant who travels outside the remit of his office and acts maliciously towards his fellow citizens and thereby inflicts actual injury or emotional distress to such citizens loses the personal protection and immunity afforded to him by virtue of his public office,”
Suing the rogue Public official in their personal capacity serves two purposes:
- It guarantees that we can always attach, execute and auction the personal property of the rogue Officer, even if the State delays in paying you. This way you will not be forced to wait 20 years for compensation.
- More importantly, it teaches the rogue Officer that there is a personal financial cost to harassing, extorting or violating the rights of innocent citizens. A rogue officer who has his personal vehicle auctioned to compensate a victim, is more likely than not to amend his ways.
- As a bonus, compensating victims from the personal property of rogue public officials, reduces the financial pressure on tax payers and public coffers.
Partner with Amasakha-Kioi Advocates
Do you have story of being harrassed or extorted by Policemen? Have your Constitutional rights been violated by rogue public officials? Schedule a Consultation with Our Legal Team: https://forms.gle/wnxVVsmwfbPqeBrq5