Kenya Case Law

Kirimi v Meru Central Dairy Co-op Limited

Kirimi v Meru Central Dairy Co-op Limited [2025] KECA 1262 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 18 of 2020

Judges

J Mohammed, JW Lessit, A Ali-Aroni

The Court of Appeal held that the absence of a decree in the record of appeal before the High Court did not render the appeal incompetent, as the judgment being appealed from was part of the record and no prejudice was occasioned. The Court found that the High Court properly analysed and evaluated the evidence on record, and that the learned judge's directions regarding the filing of the decree were procedural and did not amount to bias or irregularity. On the substantive claim, the Court agreed with the High Court that the appellant failed to prove malice or lack of probable cause in the ins…

Source excerpt

• Malicious Prosecution
• False Imprisonment
• Wrongful Arrest
• Appeals Process
• Quantum Of Damages

Kathingo & another v Musee & another

Kathingo & another v Musee & another [2025] KEMC 110 (KLR)

Court

Magistrate's Court

Case number

Civil Case 54 of 2014

Judge

YA Shikanda

The court dismissed claims for false arrest, false imprisonment, and malicious prosecution, finding the plaintiffs had not proved lack of reasonable cause or malice.

• Malicious Prosecution
• False Imprisonment
• Unlawful Arrest
• Burden Of Proof
• Damages
• Police Powers

Skyline Sacco Society Limited v Odundo & another

Skyline Sacco Society Limited v Odundo & another [2025] KEHC 6408 (KLR)

Court

High Court

Case number

Civil Appeal E003 of 2024

Judge

RB Ngetich

The High Court found that the Respondents, both advocates, proved on a balance of probabilities that they were unlawfully detained at the Appellant's premises by persons acting as the Appellant's agents or employees. The Appellant did not deny ownership of the premises or the presence of its debt recovery officer and auctioneer, nor did it adduce evidence to rebut the Respondents' account of events. The court held that, by failing to prevent or report the detention, the Appellant was vicariously liable for the acts of its agents or employees. The court further found that the unlawful detentio…

Source excerpt

• False Imprisonment
• Vicarious Liability
• Reputational Damage
• Burden Of Proof
• Damages Assessment

Office of the Director of Public Prosecutions v Ngatia

Office of the Director of Public Prosecutions v Ngatia [2025] KEHC 6084 (KLR)

Court

High Court

Case number

Civil Appeal E077 of 2023

Judge

DKN Magare

The High Court allowed an appeal against liability for malicious prosecution and false imprisonment, finding the claim unproven and the suit time-barred.

• Malicious Prosecution
• False Imprisonment
• Public Authority Liability
• Limitation Of Actions
• Burden Of Proof
• Malicious-prosecution

Bett & another v Recovery Trails Treatment Centre

Bett & another v Recovery Trails Treatment Centre [2025] KEHC 5659 (KLR)

Court

High Court

Case number

Petition E001 of 2025

Judge

LN Mutende

The court found that the Applicants failed to establish an arguable constitutional issue warranting the grant of conservatory orders. The dispute arose from a contractual agreement between the parties regarding the treatment and rehabilitation of the 2nd Applicant at the Respondent's facility. The court distinguished the present case from precedents involving hospital detention for medical treatment, noting that the Respondent is a private substance recovery centre and the relationship was governed by contract. The court held that any breach of the agreement should be addressed through contra…

Source excerpt

• Unlawful Detention
• Conservatory Orders
• Contractual Obligations
• Fundamental Rights
• False Imprisonment

Mogaka v Attorney General

Mogaka v Attorney General [2025] KEHC 3798 (KLR)

Court

High Court

Case number

Civil Appeal E172 of 2024

Judge

DKN Magare

The High Court dismissed an appeal in a malicious prosecution and false imprisonment claim, holding that the appellant failed to prove lack of reasonable cause or malice.

• Malicious Prosecution
• False Imprisonment
• Nonjoinder Of Parties
• Costs Award
• Malicious-prosecution
• False-imprisonment

Kenya Power & Lighting Co. Ltd v Mayaka & 3 others

Kenya Power & Lighting Co. Ltd v Mayaka & 3 others [2025] KEHC 3832 (KLR)

Court

High Court

Case number

Civil Appeal E028 of 2024

Judge

DKN Magare

The court allowed the appeal because the 1st Respondent failed to prove all the essential elements of malicious prosecution against the Appellant, specifically the absence of reasonable or probable cause and malice, as the Appellant merely reported a plausible case based on a forensic report indicating forgery, and the prosecution was handled by the police, not the Appellant.

Source excerpt

• Malicious Prosecution
• False Imprisonment
• Pleadings And Particulars
• Burden Of Proof
• Quantum Of Damages

Kenya Power & Lighting Co. Ltd v Onserio & 3 others

Kenya Power & Lighting Co. Ltd v Onserio & 3 others [2025] KEHC 3833 (KLR)

Court

High Court

Case number

Civil Appeal E029 of 2024

Judge

DKN Magare

The High Court allowed an appeal against liability for malicious prosecution and false imprisonment, finding no proof of malice or lack of reasonable cause.

• Malicious Prosecution
• False Imprisonment
• Pleadings And Particulars
• Burden Of Proof
• Damages Assessment
• Malicious-prosecution

Municipal Council of Nyeri v Kihoro & 5 others

Municipal Council of Nyeri v Kihoro & 5 others [2025] KEHC 1312 (KLR)

Court

High Court

Case number

Family Appeal 1 of 2019

Judge

MA Odero

The High Court allowed an appeal and set aside damages awarded for alleged false imprisonment and malicious prosecution, finding the respondents had not proved their claims.

• Malicious Prosecution
• False Imprisonment
• Burden Of Proof
• Damages Award
• Appeals Standard Of Review
• Malicious-prosecution

Moseti v Omao

Moseti v Omao [2025] KEHC 1741 (KLR)

Court

High Court

Case number

Civil Appeal E041 of 2024

Judge

DKN Magare

The High Court allowed the appeal, holding that malicious prosecution was not proved against the appellant and that special damages were not strictly proved.

• Malicious Prosecution
• Wrongful Arrest
• False Imprisonment
• Damages Assessment
• Costs Award
• Malicious-prosecution