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Josephat Mailu Ndolo (suing on behalf of the Estate of Anthony Ndolo Mailu) v. Director of Public Prosecutions & Inspector General of Police

(2020) JELR 100563 (CA)

Court of Appeal  •  Civil Appeal 227 of 2017  •  6 Mar 2020  •  Kenya

Coram
Martha Karambu Koome, Roselyn Naliaka Nambuye, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

[1] This appeal raises a question of the yardstick to use in determining whether a police station bore the responsibility of providing information regarding investigations over the death of a deceased person who was allegedly killed or murdered by unknown people. By a petition dated 12th July, 2016, Josephat Mailu Ndolo (appellant) filed suit before the High Court, Constitutional and Human Rights Division, at Nairobi against the 1st and 2nd respondents. The petition was brought on behalf of the estate of his late son, Anthony Ndolo Mailu (deceased) who was allegedly killed on the night of 11th October, 2005 while on duty as a petrol pump attendant at B.P Petrol Station on Forest Road, Nairobi which was owned and managed by one Oliver Ndeti Thiga of P. O. Box 53472 Nairobi. The appellant was seeking orders that: -

“(i) a declaration that the appellant’s rights to information and fair administrative action had been violated; and

(ii) for an order of mandamus to be iss…

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