[2023] KEHC 20682 (KLR)

[2023] KEHC 20682 (KLR)

The court held that the cause of action for malicious prosecution accrued on 6 December 2018, the date the appellant was acquitted. Under section 3(1) of the Public Authorities Limitations Act, the appellant was required to file her suit within twelve months, i.e., by 6 December 2019. The court found that the suit was filed on 9 December 2019, which was outside the statutory limitation period. The court rejected the appellant's argument regarding the computation of time, holding that 6 December 2019 was a normal working day and the suit should have been filed by that date. The court further held that while Article 159(2)(d) of the Constitution allows for flexibility in procedural matters,...

Citation
[2023] KEHC 20682 (KLR)
Parties
Appellant: Susan Wangari Gitahi; Respondent: Hon Attorney General
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
21 July 2023
Case Number
Civil Appeal E006 of 2020
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Judges
LM Njuguna
Legal Topics
Malicious Prosecution, Limitation Periods, Public Authorities Limitation, Computation of Time, Judicial Discretion, Procedural Technicalities
Source Language
English
Tort Law Civil Procedure Malicious Prosecution Limitation Periods Public Authorities Limitation Computation of Time Judicial Discretion Procedural Technicalities

Case Brief

Summary, issues, holding and outcome

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Parties

Susan Wangari Gitahi

Appellant

Hon Attorney General

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant's suit for malicious prosecution was time barred under section 3(1) of the Public Authorities Limitations Act.
  2. 2 Whether the trial magistrate erred in the computation of the limitation period by failing to exclude public holidays and weekends as per the Interpretation and General Provisions Act.
  3. 3 Whether the trial court failed to exercise judicial discretion in striking out the suit and failed to consider Article 159(2) of the Constitution regarding substantive justice.

Ratio Decidendi

The court held that the cause of action for malicious prosecution accrued on 6 December 2018, the date the appellant was acquitted. Under section 3(1) of the Public Authorities Limitations Act, the appellant was required to file her suit within twelve months, i.e., by 6 December 2019. The court found that the suit was filed on 9 December 2019, which was outside the statutory limitation period. The court rejected the appellant's argument regarding the computation of time, holding that 6 December 2019 was a normal working day and the suit should have been filed by that date. The court further held that while Article 159(2)(d) of the Constitution allows for flexibility in procedural matters,...

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with no order as to costs.