Kenya Case Law

John Ngugi Gitau v Attorney General

John Ngugi Gitau v Attorney General [2017] KEHC 1290 (KLR)

Court

High Court

Case number

Civil Suit 497 of 2011

Judge

JK Sergon

The court found that while the plaintiff suffered gunshot injuries and subsequent amputation, he failed to discharge the burden of proof that police officers were responsible for the shooting. The plaintiff did not provide corroborative evidence, such as witness testimony or investigative reports, to establish that the police were the shooters. The medical reports and discharge summaries confirmed the injuries but were not conclusive as to liability. Consequently, the court held that the defendant could not be held liable for the plaintiff's injuries, and the suit was dismissed.

Source excerpt

• Police Shooting
• Personal Injury
• Vicarious Liability
• Burden Of Proof

Peter Njoroge Kamau v Attorney General

Peter Njoroge Kamau v Attorney General [2016] KEHC 7552 (KLR)

Court

High Court

Case number

Civil Appeal 187 ‘A’ of 2014

Judge

LM Njuguna

The High Court dismissed a civil appeal arising from an alleged police shooting, holding that striking out the defence did not dispense with proof and that date contradictions were fatal.

• Police Shooting
• Negligence
• Pleadings And Proof
• Liability Assessment
• Civil-appeal
• Police-shooting

NANCY YABSABILA MBITO Suing as the legal representative of the Estate of ALLAN KIMTAI MBITO (Deceased) v ATTORNEY GENERAL

NANCY YABSABILA MBITO Suing as the legal representative of the Estate of ALLAN KIMTAI MBITO (Deceased) v ATTORNEY GENERAL [2007] KEHC 2138 (KLR)

Court

High Court

Case number

Civil Case 273 of 2002

The High Court set aside a dismissal for non-attendance after finding the plaintiff relied on mistaken advice from counsel and moved promptly to restore the suit.

• Police Shooting
• Dismissal For Non Attendance
• Setting Aside Orders
• Court Discretion
• Civil-procedure
• Dismissal-for-non-attendance

GEORGE OTIENO V ATTORNEY GENERAL & Another

GEORGE OTIENO V ATTORNEY GENERAL & Another [2006] KEHC 2744 (KLR)

Court

High Court

Case number

Civil Case 711of 20 of 2004

Liability for the plaintiff's injuries was conceded at 100% by the defendants. The court found that the plaintiff suffered a gunshot wound to the neck resulting in quadriplegia, later improving to a 45% disability with the ability to walk using aids. In assessing general damages, the court considered the plaintiff's youth, the severity and permanence of the injuries, and comparable case law. The court awarded Ksh.900,000 for pain, suffering, and loss of amenities. The claim for special damages was dismissed as it was neither pleaded nor particularized, in line with established legal principle…

Source excerpt

• Police Shooting
• Personal Injury
• Quantum Of Damages
• Liability
• Special Damages
• General Damages

ANN WANJIKU NGUGI & ANOTHER V ATTORNEY GENERAL

ANN WANJIKU NGUGI & ANOTHER V ATTORNEY GENERAL [2005] KEHC 561 (KLR)

Court

High Court

Case number

Civil Case 694 20 of 2004

High Court wrongful-death claim over a police shooting. The court held the defendant 100% liable, struck out the company plaintiff, and awarded dependency and special damages.

• Wrongful Death
• Police Shooting
• Dependency Claims
• Quantum Of Damages
• Limitation Of Actions
• Pleadings Rules