JUDGMENT
A. Introduction
[1] The Appeal dated 19th January, 2024, and lodged on 4th March 2024, seeks to set aside the Judgment of the Court of Appeal (Ochieng, Achode & Korir, JJ. A) delivered on 25th January 2024 in Samwel Kiplangat Mwei v Attorney General of Kenya & 3 Others, Civil Appeal No. 196 of 2019. The Court of Appeal upheld the High Court (Muya, J.) decision in Samwel Kiplangat Mwei v Attorney General of Kenya & 3 Others, HCCA No. 19 of 2017 which decision, in turn had upheld the Principal Magistrate’s decision in Samwel Kiplangat Mwei v Attorney General of Kenya & 3 Others, PMCC No. 33 of 2009, which had dismissed the Appellant’s case.
B. Background
[2] The Appellant before us, Samwel Kiplangat Mwei, was arrested on or around 15th December 2006 by Officer Munyanja, the 3rd Respondent, on account of a complaint lodged by Johnstone Terer, the 2nd Respondent, to the effect that he had allegedly destroyed part of the common boundary between Kericho Chesoen Plot Nos. 34 and 35. He …