Bakero Roba & another v Owar Jarso & 2 others [1985] KEHC 27 (KLR)
- Court
- High Court of Kenya
- Case number
- 27
- Citation
- [1985] KEHC 27 (KLR)
- Decided
- 28 October 1985
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from original trialCoramBhandari
Holding
The plaintiffs were unlawfully assaulted and are liable in damages.
Facts
Two plaintiffs, Bakero Boba and Guyo Sauveni, alleged that they were assaulted and beaten by two employees of the Ministry of Tourism and Wildlife and the Attorney-General.
Issues
- Was the assault lawful?
- Were the plaintiffs liable for damages?
Reasoning
The court held that the assault was unlawful because it was not in the course of lawful arrest and the force used was excessive.
Outcome
Judgment for the plaintiffs in the sum of Kshs 17,105 plus costs and interest.
Orders
- Judgment for the plaintiffs and against the defendants jointly and severally in the sum of Kshs 17,105 plus costs and interest.
Remedies
- General damages of Kshs 7,500 for each plaintiff and Kshs 2,105 as special damages for both of them.
Authorities cited
Legislation (1)
- Government Proceedings Act, (cap 40) section 12
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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