JOEL KENDUIYWO V. DISTRICT CRIMINAL INVESTIGATION OFFICER NANDI, ATTORNEY GENERAL, FRANCIS SIRATE MISSOS, ANDREA RUTO & PAULINE CHEPKEMOI

JUDGMENT OF COURT

The Environment and Land Court, (M. Odeny, J.) on 1^st March, 2017 struck out the appellant’s petition for being an abuse of the court process. The appellant was aggrieved with the said decision and lodged the present appeal.

The appellant, by way of background, filed a petition dated 23^rd June, 2015 seeking orders against the respondents jointly and severally for mesne profits, compensation for character assassination, loss of income, pain and physical torture, restitution of property Nandi/Kamobo/914 hereinafter, “the suit property” and costs of the petition. He claimed that the 3^rd, 4^th and 5^th respondents colluded to fabricate charges against him which led to his arrest and incarceration. He was thereafter arraigned in court vide Kapsabet PM’s Criminal Case No. 2523 of 2014. While he was so incarcerated and being prosecuted, the 3^rd respondent trespassed into his suit property and developed it.

The 3^rd, 4^th and 5^th respondents subsequently entered appearance and file…