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Commissioner of Customs & Excise v. Hasmukh Shamji Halai,Bernard Masaka Shinali,Commissioner of Police & Attorney General

(2018) JELR 103116 (CA)

Court of Appeal  •  Civil Appeal 29 of 2013  •  20 Apr 2018  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, William Ouko

Judgement

JUDGMENT OF THE COURT

1. On 7th May 2012, the High Court (Sitati, J.) made findings that the Commissioner of Customs and Excise (Commissioner), who is the appellant before us, as well as the Commissioner of Police (3rd respondent), represented by the Attorney General (4th respondent) were jointly and severally liable for the unlawful arrest and malicious prosecution of the 1st respondent (Halai) and the 2nd respondent (Shinali). As a consequence, Halai was awarded damages in the sum of Sh. 400,000 for Advocates costs and Sh. 3 million in general damages for pain, suffering and mental anguish. The same damages were awarded to Shinali. The appeal before us is only by the Commissioner challenging the findings on liability and the damages awarded.

2. The background to the appeal is this:

Halai was employed by both M/s Kenwood Trading Ltd (Kenwood) and its sister company Jaribu Credit Traders Ltd (Jaribu), as the Group Stores Manager. Kenwood was an importer/wholesaler of assorted merchandise…

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