JUDGMENT OF THE COURT
1. The facts surrounding this matter are rather interesting. James Nyaga Njue (the appellant) was a remand prisoner at Embu G. K. Prison on 21st August, 2003. On the said date, he and several others were escorted from remand prison to court to answer various charges that faced them. The appellant was given his Ksh. 800/= and his other personal belongings which had been deposited with the prisons authority as is the procedure.
2. As is the practice, the appellant and other prisoners were kept in the remand cells within the court premises to await their matters to be dealt with. In the same remand cells were persons who had been taken to court for plea that morning and who were waiting processing; either for plea to be taken or for payment of fine after plea; or simply to await return to the prison.
3. Among them was Shadrack Mwiti, (the complainant) who had gone to court to answer to a charge of careless driving under the Traffic Act. He pleaded not guilty to the cha…