LIZA CATHERINE WANGARI MWANGI v ATTORNEY GENERAL [2010] eKLR He has calculated his damages on the basis of the 2 English authorities Re-G and Re-S. Before I venture into the assessment of the quantum of damages, it is imperative to deal with the issue of liability first. In this case, no defence was filed by the Attorney General. That leaves the plaintiff’s claim uncontroverted. There is no evidence before me to show that the plaintiff deserved to be treated in the manner that she was. Indeed she was even acquitted of the criminal charge she had been arrested for following a full trial. The defendant who is sued on behalf of the police officers who tortured the plaintiff is therefore 100% liable for the torture and injury suffered by the plaintiff. On the issue of special damages, the amount pleaded is KSh.152,915. I have seen the document from the Independent Medico-legal unit showing that the plaintiffs treatment cost a total of KSh.101,170.00 There are several other receipts from pharmacies and the other hospitals and I believe those amounts are what has brought the figure for special damages to 122,915.00 I will therefore allow that figure as special damages. I disallow the 30,000 sh. for transport & subsistence because it was not specifically proved. On the head of General damages, I note that counsel for the plaintiff did not furnish me with any local cases. On the foreign cases cited, my finding is that they can be distinguished from the present case. In the case of Re-G the plaintiff was a young girl who was subjected to the sexual assault continuously for 4 years. In my view, such torture was more aggravated and it was also visited on a young girl still in her formative years. It would take her longer to heal and outgrow the psychological trauma. The general damages awarded to her also included damages for loss of earning capacity which is not the case here. Damages in the Re-S were in respect of 2 applications and the same also included compensation for financial loss. They cannot therefore be the basis of our computation. I am nonetheless satisfied that the plaintiff herein did suffer serious physical and mental torture at the hands of the Flying Squad police officers. It is my considered view that no amount of damages can actually assuage the pain the http://www.kenyalaw.org - Page 4/7