JUDGMENT OF THE COURT
1. This is a second appeal from the decision of the High Court (L. Njuguna, J.) which was the first appellate court having determined the appeal preferred to it from the decision of the Chief Magistrate’s Court.
2. Peter Njoroge Kamau, the appellant, sued the Attorney General in February 2008 in the Chief Magistrate’s Court. He claimed from the State general damages for injuries allegedly inflicted on him by a serving Police Officer who shot him on or about 28th October 2006 at Umoja Estate without any justifiable cause. Although the Attorney General entered appearance, he filed defence out of time without leave of the court as a result of which the learned Magistrate struck it out on 24th September 2008, and proceeded to fix the suit for formal proof on 5th February 2010.
3. The suit eventually came up for hearing before the Resident Magistrate on 21st June 2013 when the plaintiff took objection to the defendant's counsel cross-examining the plaintiff on the ground…