George Masinde Murunga v Attorney-General

High Court, Kakamega

27th March, 23rd April 1979

Cotran J

Civil Case No 17 of 1978

Malicious prosecution – absence of reasonable and probable cause – view of prudent and cautious man.

In proceedings for malicious prosecution, the plaintiff must show (1) that a prosecution was instituted by the defendant or by someone for whose acts he is responsible, (2) that the prosecution terminated in the plaintiff’s favour, (3) that the prosecution was instituted without reasonable and probable cause, and (4) that it was actuated by malice. The test whether the prosecution was instituted without reasonable and probable cause is whether the material known to the prosecutor would have satisfied a prudent and cautious man that the plaintiff was probably guilty of the offence.

Kagane v Attorney-General [1969] EA 643 followed.

Action

George Masinde Murunga instituted proceedings against the Attorney- General (Civil Case No 17 of 1978) for false imprisonment and malicious prosecution by a servant of the Government. The facts are set out in the judgment.

Case referred to in judgment:

1. Kagane v Attorney-General [1969] EA 643.

IJ Onyinkwa for the Plaintiff.

Miss Matu State counsel for the Attorney-General.

Cur adv vult.