JUDGMENT OF THE COURT
The appellant Samson Kairu Chacha T/A Sky Shepherd Security Services took out a plaint dated the 20th day of October, 2009 filed in the Chief Magistrates Court at Nyeri in CMCC No. 597/2009, directed at the respondent Isaac Kiiru Kingori, seeking the recovery of Kshs.9,000/= together with interest and costs,
for security services provided by the appellant to the respondent pursuant to a mutual agreement between them. The respondent denied that claim and filed a counterclaim dated the 17th day of December, 2009, in which he counter claimed for the sum of Kshs.45,000.00/- being the cost of ten (10) gas cylinders whose loss was occasioned and/or contributed to by a dishonest guard the appellant had provided to guard his premises.
The appellant’s response to the counterclaim was that he was a total stranger to the alleged theft of the respondent’s ten (10) gas cylinders and put him to strict proof; that if any guard was charged with a criminal offence then that could no…