NATIONAL OIL CORPORATION V. JOHN MWANGI KAGUENYU, ATTORNEY GENERAL & PETER KOMBUTHI

JUDGMENT OF THE COURT

On 1^st September 2015 John Mwangi Kaguenyu, the 1^st respondent herein filed an amended plaint dated 22^nd July 2015. In the amended plaint, National Oil Corporation, the appellant herein was named as the 1^st defendant whilst the Attorney General and Peter Kombuthi, the 2^nd and 3^rd respondents herein were named as the 2^nd and 3^rd defendants respectively. The 1^st respondent’s cause of action was based on the tort of malicious prosecution over his arrest on 17^th March 2005 which according to him was instigated by the appellant’s servants, employee or its agent. The 2^nd and 3^rd respondents were faulted as they “....... proceeded to prosecute...” .

The appellant filed a statement of defence dated 2^nd May 2012 and denied that it had maliciously and in absence of reasonable and probable cause reported the 1^st respondent to the police. The 1^st respondent filed a reply dated 17^th November 2015 to the appellant’s defence and joined issue with the appellant. It would appear th…