[2020] KECA 711 (KLR)

[2020] KECA 711 (KLR)

The Court of Appeal held that the appellants failed to prove all the essential elements required for a claim of malicious prosecution. While the criminal proceedings had terminated in their favour, there was no evidence that the initial report of robbery was false, nor that the prosecution was instituted without...

Source-derived case information.

Citation
[2020] KECA 711 (KLR)
Parties
Appellant: John Nganga Kinuu; Appellant: Samuel Giathi Njoorge; Appellant: John Kahia Giathi; Respondent: Peter Rubiro Ndongi; Respondent: Josephine Karimi Muigai; Respondent: Leonard Ndongi Rubiro; Respondent: Inspector General of Police; Respondent: The Honourable Attorney General
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Civil Appeal 282 of 2018
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
appeal dismissed
Judges
RN Nambuye, FI Koome, S ole Kantai
Legal Topics
Malicious Prosecution, False Imprisonment, Burden of Proof, Damages Assessment
Source Language
en
Tort Law Civil Procedure Malicious Prosecution False Imprisonment Burden of Proof Damages Assessment

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Summary, issues, holding and outcome

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Parties

John Nganga Kinuu

Appellant

Samuel Giathi Njoorge

Appellant

John Kahia Giathi

Appellant

Peter Rubiro Ndongi

Respondent

Josephine Karimi Muigai

Respondent

Leonard Ndongi Rubiro

Respondent

Inspector General of Police

Respondent

The Honourable Attorney General

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the High Court erred in sustaining the trial court's dismissal of the appellants' claim for malicious prosecution.
  2. 2 Whether the failure of the trial court to assess quantum of damages was fatal to the proceedings.

Ratio Decidendi

The Court of Appeal held that the appellants failed to prove all the essential elements required for a claim of malicious prosecution. While the criminal proceedings had terminated in their favour, there was no evidence that the initial report of robbery was false, nor that the prosecution was instituted without reasonable and probable cause or actuated by malice. The respondents merely reported a crime, and the police acted within their statutory mandate. The acquittal of the appellants in the criminal appeal was due to poor investigation and gaps in the prosecution's case, not because the complaint itself was false or malicious. The Court further held that the trial court's failure to...

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs to the respondents payable by the 3rd appellant.