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Kenya decisions
Decisions matching the current search
Peter Njoroge Kamau v Attorney General [2017] KECA 71 (KLR)
The Court of Appeal held that interlocutory judgment had already settled liability after the defence was struck out, so only damages remained. It awarded the appellant Kshs 250,000.
Julius Mwaniki Kithokoi v Attorney General [2017] KEHC 5114 (KLR)
High Court appeal involving dismissal for want of prosecution, res judicata, and failure to issue a notice to show cause. The appeal was allowed and the suit reinstated.
Japheth Ngula Matingi v Attorney General [2016] KEHC 1224 (KLR)
The court found that the plaintiff was shot by police officers while lawfully carrying out his duties as a taxi driver, resulting in permanent paraplegia. The defendant failed to rebut the plaintiff's evidence or provide any investigation report, despite the incident being reported and documented as a police shooting in official records. The court held that the police, as state agents, owed a duty of care to the plaintiff and their failure to investigate or explain the shooting amounted to negligence and recklessness. The government was found vicariously liable for the actions of its officers…
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GEORGE EFEDHA MADORA V ATTORNEY GENERAL [2012] KEHC 3034 (KLR)
The High Court held that the plaintiff was shot by GSU officers in Kibera and awarded damages, subject to 30% contributory negligence.
DAMARIS WAKINYI GIKAARA V ATTORNEY GENERAL [2002] KEHC 796 (KLR)
The court found that the plaintiff's son died as a result of unjustified police shooting, and the defendant failed to challenge the plaintiff's evidence. The plaintiff, as the deceased's dependent mother, was entitled to damages for loss of dependency, pain and suffering, and loss of expectation of life. The court applied a reasonable monthly income for the deceased, a multiplier of 26 years, and a dependency ratio of one-third to calculate general damages. Special damages for funeral and related expenses were awarded based on receipts and reasonable estimates. The total award comprised both…
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