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PATRICK KARIUKI MUIRURI & 3 OTHERS
V.
ATTORNEY GENERAL

(2019) JELR 93511 (CA)

Court of Appeal 27 Sep 2019 Kenya
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- The deceased, Dr. James Ng’ang’a Kariuki Muiruri, was fatally shot by police officers in Nairobi on 24 January 2009; liability of the State was admitted by consent, and the High Court was tasked only with assessing damages. - Evidence ind

Case Details

Suit Number:Civil Appeal 280 of 2018
Judges:Daniel Kiio Musinga, Sankale ole Kantai, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Patrick Kariuki Muiruri & 3 others v. Attorney General [2019] eKLR

JUDGMENT OF THE COURT

The incident that took place in the early morning of 24th January, 2009 will have long term consequences and effect on the family of the appellants (Patrick Kariuki Muiruri (1st appellant), Rachael Wanjiru Kariuki Muiruri (2nd appellant), John Sebastian Muiruri (3rd appellant) and Jacinta Wangui Kariuki Muiruri (4th appellant). The 1st appellant was the father of Dr. James Ng’ang’a Kariuki Muiruri (“the deceased”) and is the husband of the 4th appellant and father of the 2nd and 3rd appellants.

On the said morning the deceased was travelling with his younger brother, John Gachera Muiruri, in a motor vehicle in the Westlands area of Nairobi. They were suddenly blocked by another motor vehicle and when the deceased and his brother came out of their vehicle to find out why they were being blocked, an altercation occurred. The occupants of the other vehicle were police officers Dickson Munene Mwangi and Alexander Chepkonga Francis. One of the police officers produced a…

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