Lawrence Onyango Oduori v Attonery General & another [2022] KEHC 1606 (KLR)
- Court
- High Court of Kenya
- Case number
- 1606
- Citation
- [2022] KEHC 1606 (KLR)
- Decided
- 15 March 2022
The court held that the criminal proceedings were conducted within the bounds of the law, and there is no evidence that the police or prosecutor acted dishonestly or unreasonably. The plaintiff's claim for damages for wrongful arrest, false imprisonment, and malicious prosecution was dismissed.
Facts
The plaintiff, Lawrence Onyango Oduori, was arrested and charged with stealing by servant contrary to Section 281 of the Penal Code on April 6, 2008. The arrest and charge were made by the police acting as agents of the 1st defendant, the Attorney General. The case was withdrawn on December 10, 2008, under Section 87(a) of the Criminal Procedure Code.
Issues
- Whether the tort of malicious prosecution, unlawful arrest, and false imprisonment has been proven to the required standard.
- Whether the prosecution was done out of malice.
Reasoning
The court found that the plaintiff was arrested and charged by the police acting as agents of the 1st defendant following an investigation. The criminal proceedings were withdrawn under Section 87(a) of the Criminal Procedure Code, which was not sufficient to prove malicious prosecution.
Outcome
The plaintiff's claim was dismissed.
Orders
- The plaintiff's claim for damages was dismissed.
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Section 87(a)
Cases cited (5)
- Odunga's Digest on Civil Case Law and Procedure
- GITAU VS EAST AFRICA POWER & LIGHTENING CO. LTD
- ROBERT OKERI OMBEKA V CENTRAL BANK OF KENYA
- MARY KANINI MURIUKI VS THE DCIO IMENTI NORTH & THE HONOURABLE ATTORNEY GENERAL
- JAMES KARUGA KIIRU V JOSEPH MWAMBURI & 2 OTHERS
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