Kenya Ports Authority v Oruko & another
Kenya Ports Authority v Oruko & another (Civil Appeal E050 of 2025) [2026] KEHC 12877 (KLR) (14 August 2026) (Judgment)
The appellant was not proved to have prosecuted the respondent, procured the charge, or acted with malice. The evidence showed only that it reported a genuine suspected theft at its premises, after which police independently decided whom to arrest and charge. Because the first, third, and fourth elements of malicious prosecution were not proved against the appellant, liability could not attach to it, and the trial court’s judgment had no legal basis as against the appellant.
Source excerpt
- Elements of malicious prosecution
- Reasonable and probable cause
- Malice
- Role of complainant versus prosecutor
- Independent prosecutorial discretion
- Standard of proof on first appeal