Fred Ndungu Kangethe v Attorney-General [2015] KEHC 7432 (KLR)
- Court
- High Court of Kenya
- Case number
- 7432
- Citation
- [2015] KEHC 7432 (KLR)
The appeal is allowed in its entirety. The judgment of the lower court is hereby set aside and substituted with Judgment for the applicant in the sum of Kshs. 700,000/- being the cost of the motor-vehicle that disappeared in the hands of the police officers. Interest is awarded at court rates from the date of filing suit until payment in full. The appellant will also have costs both in the court below and of this appeal.
Facts
The appellant, Fred Ndungu Kangethe, sued the Attorney-General for restitution of his motor-vehicle and a sum of Ksh. 950,000, claiming it was taken by police officers during investigations.
Issues
- Whether the learned Magistrate erred in holding that the appellant had not proved his case
- Whether the learned Magistrate erred in holding that special damages had not been pleaded and proved on a balance of probabilities
- Whether the learned Magistrate erred in failing to consider that the appellant's evidence was by and large unchallenged
- Whether the learned Magistrate's decision was against the weight of the evidence
Reasoning
The court found that the learned Magistrate erred in holding that the appellant had not proved his case and in failing to consider the unchallenged nature of the appellant's evidence.
Outcome
Appeal allowed
Orders
- Judgment for the applicant in the sum of Kshs. 700,000/- being the cost of the motor-vehicle that disappeared in the hands of the police officers
- Interest awarded at court rates from the date of filing suit until payment in full
- Appellant will have costs both in the court below and of this appeal
Remedies
- Restitution of the motor-vehicle and refund of Kshs. 700,000
Authorities cited
Legislation (1)
- Government Proceedings Act, Cap 40
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