Emily Nduta Kiregi v Monica Muthoni Kanyora [2007] KEHC 1354 (KLR)

Facts

The appellant filed a complaint of assault against the respondent to the police, leading to the respondent's arrest and subsequent acquittal. The respondent then filed a civil suit for malicious prosecution, special damages, and general damages.

Issues

1. Whether the trial court erred in finding a claim for malicious prosecution against the appellant.
2. Whether the trial court erred in absolving the Attorney General of blame.
3. Whether the trial court erred in attributing evidence not on record to the appellant.
4. Whether the trial court erred in finding special damages.
5. Whether the trial court erred in its interpretation of the law regarding malicious prosecution.

Reasoning

The court found no reasonable or probable cause for the prosecution and no evidence of malice. The prosecution was based on probable cause and the respondent was acquitted.

Outcome

Appeal allowed, judgment of the trial court set aside, suit dismissed.

Authorities cited