JUDGEMENT OF THE COURT
1. The appellant Joel Cheruiyot, has brought this appeal against the judgment of the High Court dated 29th April, 2020 wherein the Court set aside the trial court’s decision which found the respondent and the Attorney General liable for malicious prosecution and awarded the appellant damages of Kshs. 1,016,705.00
2. Being a second appeal, our duty is to determine matters of law only unless it is shown that the courts below considered matters they should not have considered or failed to consider matters they should have considered or looking at the entire decision, it is perverse. (See: Stanley N. Muriithi & Another vs. Bernard Munene Ithiga (2016) eKLR).
3. The salient facts of this case are that on 17th January 2005, the appellant, who had worked for about three years as an accountant for the respondent, Koinon Tea Growers Limited was arrested and charged before Sotik Principle Magistrate Court with various counts of theft by servant, conspiracy to defraud and fai…