HARRISON M. KARIUKI, JOSEPH K. NGUGI, ROSEMARY N. KARANJA, JOHN MUGO MWANGI, EUNICE N. NYAMBATI, RAPHAEL G. GATIMU, BEN N. MURUNGA, LAWRENCE K. NJIHIA, JOSEPH K. MWANGI, MAINA WACHIRA, SEBASTIAN O. MADIANG, JOSIAH EYAMETI, JAMES L. KANYINGIRI, KIRERA MOSOBA & JANET KHAVELE V. KENYA FARMERS ASSOCIATION

JUDGMENT OF THE COURT

This is a first appeal from the Judgment of the High Court of Kenya at Nakuru (Koome, J – as she then was) delivered on 2nd October, 2009. Rule 29 of the rules of this Court mandates us in such an appeal to re-appraise the evidence and to draw inferences of fact and make our own conclusions based on the facts on record. This Court stated on that mandate in the case of Kenya Ports Authority v. Kuston (Kenya) Limited (CA No. 142 of 1995):

“On a first appeal from the High Court, the Court of Appeal should reconsider the evidence, evaluate it itself and draw its own conclusions though it should always bear in mind that it has neither seen nor heard the witnesses and should make due allowance in that respect. Secondly, that the responsibility of the court is to rule on the evidence on record and not to introduce extraneous matters not dealt with by the parties in the evidence.”

The fifteen appellants were among the twenty-two plaintiffs who sued the respondent (Kenya Far…