JUDGMENT OF THE COURT
A. INTRODUCTION
[1] In this Petition dated 30th October, 2023, the Appellants seek orders setting aside the Judgment and Order of the Court of Appeal (F. Ochieng, L. Achode & W. Korir, JJ.A) delivered on 22nd September 2023. The Court of Appeal upheld the High Court’s (Ngetich, J.) Judgment in HCCC No. 223 of 2012 delivered on 30th March 2022 where the High Court declared that the Respondents’ actions of search and entry of the 1st and 2nd Appellants’ premises was illegal and a violation of the Appellants’ rights under Articles 31 and 40 of the Constitution. The High Court further awarded the Appellants’ damages in the sum of Kshs.3,000,000/= together with interest and costs.
B. BACKGROUND
[2] The 1st Appellant, Alex Otuke Ondimu, was engaged in the motor vehicle industry where he would purchase second-hand motor vehicles by first paying a deposit, then reselling the vehicles at a profit and thereafter make the final payment to the vendor. In 2009, the 1st Ap…