LEONARD ODINDI V. KENYA PORTS AUTHORITY

JUDGMENT OF THE COURT

This is an appeal from the judgment of Mwera J, delivered on 4^th September, 2006 in the High Court of Kenya at Mombasa. The suit that was before the learned Judge was initiated by LEONARD ODINDI (appellant) whose claim against the KENYA PORTS AUTHORITY [respondent], was for special and general damages. This claim is based on allegations that the appellant was wrongfully arrested and confined in police cells at the instigation of the respondent. As a result of the illegal confinement and malicious prosecution, the appellant suffered damages.

The appellant complained that he was charged with the offence of attempted robbery with violence contrary to Section 297 (2) of the Penal Code and being in possession of a firearm contrary to Section 4 (2) (e) of the Firearms Act Cap 144 of the Penal Code. The appellant was charged in Criminal Case No 2036 of 1999, but was acquitted under Section 210 of the Criminal Procedure Code. The appellant blamed the respondent for the mal…