Njuguna v Cheteka & another [2004] KEHC 1231 (KLR)
- Court
- High Court of Kenya
- Case number
- 1231
- Citation
- [2004] KEHC 1231 (KLR)
- Decided
- 24 November 2004
The warrant of arrest issued on the 8th of July 2004 and reissued on the 12th of October 2004 is set aside. The Plaintiff is barred from executing against the 1st Defendant in respect of the costs awarded. The Plaintiff should claim the said costs from the 2nd Defendant (Attorney General).
Facts
The Plaintiff sued the 1st Defendant (then OCS Subukia Police Station) and the Attorney General for criminal proceedings brought against him. The Plaintiff was successful and the Defendants were ordered to pay costs.
Issues
- Can a public officer acting in his official capacity be made personally liable for costs ordered by the court?
- Who should be liable for the costs awarded to the Plaintiff?
Reasoning
The Government Proceedings Act protects public servants from being personally liable for costs ordered by the court. The 1st Defendant acted within the scope of his employment and cannot be held personally liable for the costs.
Outcome
Application granted
Orders
- Warrant of arrest set aside
- Plaintiff barred from executing against 1st Defendant for costs awarded
- Plaintiff to claim costs from 2nd Defendant
Remedies
- Set aside warrant of arrest
- Barred from executing against 1st Defendant for costs awarded
Authorities cited
Legislation (1)
- Civil Procedure Act
Loading judgment…