JUDGMENT OF THE COURT
Daniel Karugi Maina, the appellant herein was arrested on two occasions in the year 1998 and 1999 for allegedly being in possession of cannabis sativa (‘bhang’). On the first occasion, the appellant was arraigned and charged before the Senior Magistrate's Court at Muranga in Criminal Case No. 1042 of 1998. However, the appellant was acquitted under section 210 of the Criminal Procedure Code, Chapter 75 Laws of Kenya, for lack of evidence. On the second occasion, the appellant was arraigned and charged before the Senior Resident's Magistrate's at Kangema in Criminal Case No. 439 of 1999. The appellant was yet again acquitted.
Based on the said acquittal, the appellant filed a suit on 7th May, 2008 in the Senior Principal Magistrate's Court at Muranga (trial court), against the Government seeking inter alia damages for unlawful and malicious arrest and prosecution; and refund of Kshs. 4,600/= that was allegedly taken by the police officers who arrested him. In its d…