Elijah Njoroge Kamau & 12 others v Attorney General & 2 others [2016] KEHC 336 (KLR)
- Court
- High Court of Kenya
- Case number
- 336
- Citation
- [2016] KEHC 336 (KLR)
- Decided
- 17 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous judgmentCoramJANET MULWA
Holding
The court upheld an award of Kshs.300,000/= in general damages to each of the nine plaintiffs and Kshs.120,000/= in special damages.
Facts
Former directors of South Kinangop Farmers Co-operative Society Limited sued the Attorney General and others for damages arising from a purported false arrest, false imprisonment, and malicious prosecution in Nakuru Principle Magistrates Criminal Case No. 1291 of 2004.
Issues
- Malicious arrest and detention
- False imprisonment
- Malicious prosecution
Reasoning
The court found that the plaintiffs were arrested and detained in October 2001 and charged but the charges were withdrawn. They were rearrested and charged with similar offences in 2002 and 2004, culminating in an acquittal.
Outcome
Judgment entered for the plaintiffs against the defendants jointly and severally.
Orders
- General damages of Kshs.300,000/= for each of the nine plaintiffs
- Special damages of Kshs.270,000/= for all the plaintiffs
- Liability apportioned at 70% against the third defendant while the first and second defendants shall shoulder 30% liability jointly and severally
Remedies
- Damages awarded above shall be subject to apportionment of liability as stated in (a) above
- The plaintiffs shall have costs of the suit to be borne by both the 1st, 2nd and 3rd Defendants as per clause (a) above
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
Cases cited (3)
- Njuguna vs A.G. & Others HCCC No. 2007 of 2001 (2001) LLR 4948
- Thomas Mboya Oluoch & Another Lucy Muthoni Stephen
- Crispine Otieno Caleb vs The A.G. 2014 e KLR
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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