Kariuki v Ochola [1985] KEHC 14 (KLR)
- Court
- High Court of Kenya
- Case number
- 14
- Citation
- [1985] KEHC 14 (KLR)
- Decided
- 19 November 1985
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an interlocutory judgmentCoramShaikh Amin
Holding
The court finds that the plaintiff was unlawfully arrested and imprisoned for 12 days and awards Kshs 25,000 in general damages and Kshs 1,380 in special damages.
Facts
The plaintiff, a hawker and shoe-repairman, was arrested on December 9, 1983, and kept in custody for 12 days. He was later released on January 2, 1984, and was given a P22 form to report on June 10, 1984.
Issues
- Whether the plaintiff was unlawfully arrested and imprisoned
- The amount of damages to be awarded for the unlawful arrest and imprisonment
Reasoning
The court considers the evidence and addresses the submissions of the parties, concluding that the plaintiff was unlawfully detained and that the damages awarded are just.
Outcome
The plaintiff is awarded Kshs 25,000 in general damages and Kshs 1,380 in special damages.
Orders
- The plaintiff must have his costs and interest at court rates on the amount of general damages awarded from today's date.
- The plaintiff must also have costs and interest on the amount awarded as special damages at court rates from the date of the filing of the court action.
Authorities cited
Legislation (1)
- Government Proceedings Act (cap 40 Laws of Kenya)
Cases cited (1)
- Nguliunga v A G [1979] E A P 1
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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