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…In Kagane & Others v Attorney General & and another [1969] EA, outlined the elements of malicious prosecution as follows: i. the…

…tort of malicious prosecution as pronounced by this Court in National oil Corporation vs. John Mwangi Kaguenyu & 2 others [2019…

…JUDGE OF APPEAL ALNASHIR VISRAM ........................................ JUDGE OF APPEAL W. KARANJA ......................................... JUDGE OF APPEAL I certify that this is a true…

…Court of Appeal in Kagane & Other v The Attorney General & Another,5 where Rudd J held as follows: “ the question…

…also fatal to the prosecution’s case. Turning to case law, Joseph Munyoki Kimatu versus Republic [2014] eKLR was cited…

…James Karuga Kiiru v Joseph Mwamburi & 3 Others C.A No.171 of 2000, it was submitted that the prosecution…

…by virtue of Article 157(6) of the Constitution, exercises state powers of prosecution within the Republic of Kenya. The…

…Importantly, Kenyans entrusted the court to vet and ensure such withdrawal shall serve justice not just to the complainant, but…

…KISUMU (CORAM: MARAGA, MUSINGA & MURGOR, JJ.A) CIVIL APPEAL NOS. 1 & 2 OF 2013 (CONSOLIDATED) BETWEEN DIRECTOR OF PUBLIC PROSECUTIONS…

…prosecution determined (vide Kitale SPM Crc No.3261 of 1998). It is my opinion that the claim for malicious prosecution…

Omollo v Republic (Criminal Appeal E013 of 2024) [2026] KECA 1723 (KLR) (25 September 2026) (Judgment) Neutral citation: [2026] KECA…

…The learned Judge made the following awards: • “Kshs 5 million damages for malicious prosecution • Kshs 250,000/= special damages plus…

…The above ingredients were set by Kimaru J. (as he then was) in Martin Ng’ang’a Kamanu v Republic…

…James Karuga Kiiru v Joseph Mwamburi & 2 Others [2001] eKLR in which the Court found as follows: “ (B) Malicious Prosecution…

…However, can it be said that the fact that Kirimi was acquitted, rendered his prosecution malicious? In Jediel Nyaga vs…

…In the case of James Karuga Kiiru v Joseph Mwamburi & 2 others [2001] KECA 354 (KLR), the Court of Appeal…

…claim for malicious prosecution as was restated in the case of John Ndeto Kyalo versus Kenya Tea Development Authority and…

…GITHINJI, HANNAH OKWENGU & J. MOHAMMED JJ.A) CIVIL APPEAL NO. 52 OF 2016 BETWEEN ANTHONY SHIVEKA ALIELO............................................................... APPELLANT VERSUS KENYA…

…In the authority of Ronald Nyaga Kiura v Republic [2018] eKLR, the court observed that a prima facie case is…

…prosecutions. The Court of Appeal in Robert Okeri Ombeka v Central Bank of Kenya (supra) where the learned judges stated…