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JAMES KARUGA KIIRU V. JOSEPH MWAMBURI, SAMMY HUKO & ATTORNEY GENERAL

(2001) JELR 101164 (CA)

Court of Appeal  •  Civil Appeal 171 of 2000  •  9 Mar 2001  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha, Effie Owuor

Judgement

JUDGMENT

This is an appeal from a judgment of the superior court (Khamoni J) given on 3 October, 1997. He dismissed a claim for damages for false imprisonment, malicious prosecution and loss of business made by the appellant, James Karuga Kiiru, against the first two defendants as police officers in the Department of the Commissioner of Police and against the third defendant as the Attorney-General.

In October 1987 the second defendant was stationed at Garsen Police Post together with other police officers with the purpose of gathering information thought to be useful for revisiting both poachers and would be buyers of those trophies, collaborators or sympathisers and generally people involved in the illegal business of trophies. Information was received from which the defendants believed the appellant was involved in poaching activities. The appellant was arrested on 6 October 1987. He was detained at Malindi Garsen and Hola Police Station during the 14 days he was in police custody wh…

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