JUDGMENT OF ASIKE-MAKHANDIA, JA
This is an appeal from a ruling of the High Court at Kakamega, (C. Kariuki, J.) dated 22nd September, 2016 in which the appellant’s application seeking compensation from the respondent was dismissed.
The brief facts leading to the present appeal are as follows; the appellant filed a motion on notice in the aforesaid High Court pursuant to Order 40 Rules 1, 2 and 9 of the Civil Procedure Rules and Sections 1A, 3, 3A and 63C of the Civil Procedure Act seeking compensation from the respondent herein. It was his case that he was a victim of post-election violence (2007-2008) during which his property was damaged. He had also been registered as an internally displaced person (IDP) and given Kshs. 10,000 for upkeep. However, to assist in prosecuting this application, the appellant took a loan of Kshs. 50,000/- from Mega Micro-Finance Company.
The state responded through a replying affidavit sworn on 20th June, 2016 by Gilbert C. Tarus, learned state counsel. He …