RULING OF THE COURT
1. It is common knowledge that the violence experienced in Kenya after the 2007 general elections resulted in massive loss of life and property. The respondents were victims of that violence. In their suit filed before the High Court on 22nd July 2009 they averred that on various dates between December 2007 and February 2008, their respective commercial transportation trucks ferrying goods through the country along Nakuru-Eldoret-Busia-Malaba Highway were burnt and extensively damaged. They claimed that the Government of Kenya, through the applicants, was negligent and that it breached its constitutional and statutory duty by failing to provide adequate security to them. They prayed for judgment against the applicants for special damages of USD 22,900,465.55 comprising the value of lost trucks, goods and hire of equipment as well as general damages to be assessed. The applicants denied liability in a statement of defence filed on 30th September 2009. They contended …