RULING
Although on the face of it, this application shows it has been brought by three applicants, the truth, from the 1st applicant’s own affidavit, is that the parties named as the 2nd and 3rd applicants are deceased. The one named 2nd applicant was the 1st applicant’s wife and the third one his sister. It is therefore proper, in the absence of any substitution of the two, to assume that this application has only been brought by the 1st applicant. The three went to the High Court by a plaint in June 2009 seeking Kshs. 180,000.00 in general and exemplary damages for wrongful arrest and malicious prosecution. They claimed that on or about 8th October, 2007, they were maliciously and without any reason or probable cause arrested by police officers from Kibichoi Police Station in Kiambu and kept in police custody until 15th October, 2007 when they were arraigned in court and charged with the murder of one Abel Momanyi in Nairobi
High Court Criminal Case No.77 of 2007 (Republic v. David Mu…