If the State Arrests You Without Evidence, You Can Win Millions for Malicious Prosecution

In Kenya, no judge is above the law. From the High Court to the Court of Appeal of Kenya and even the Supreme Court of Kenya, judicial officers can be arrested, charged, and tried for criminal offences. In this video, we break down the legal reality that accountability applies across the judiciary—yes, even to the Chief Justice. The only exception is the sitting President, currently William Ruto, who enjoys temporary immunity from criminal proceedings while in office. But that immunity is not permanent. Once a president leaves office—as seen with Uhuru Kenyatta—they can be investigated and prosecuted for actions taken during their tenure. We also revisit the high-profile case of GBM Kariuki, who was arrested and charged with attempted murder, only to be acquitted due to weak evidence before successfully suing the state for malicious prosecution. This explainer unpacks the law, the limits of power, and what it means for justice in Kenya.