LIZA CATHERINE WANGARI MWANGI v ATTORNEY GENERAL [2010] eKLR
(c)
Aggravated damages
(d)
Future Medical expenses
(e)
Interest on the above
(f)
Cost of the suit
The plaint and summons to enter appearance were duly served on the Attorney General and one Mr. Njogu a senior
state counsel signed a copy of the summons and acknowledged receipt. The Attorney General did not enter an
appearance nor did he file any defence. The plaintiff therefore sought the leave of this court to proceed against the
Attorney General ex-parte with a view to formally proving her case. The said leave was granted and so the matter
proceeded by way of formal proof.
The plaintiff testified and called 3 other witnesses. One of the witnesses was her advocate in KARATINA RMCC
275/02 which is related to this matter and the 2 doctors who examined her and prepared medical reports on her health
status.
She also produced a bundle of documents which included the receipts she was issued with upon treatment and also
some medical notes. She also produced the court proceedings in Cr. Case No.....
At the close of her case, her counsel on record filed written submissions. He cited 2 authorities from England and urged
this court to be persuaded by the same and award similar damages. I will come to this issue later.
So how did this matter start? On 27.6.01 at about 11.00 a.m. the plaintiff was standing beside the road at a place called
PIAI waiting for public transport. A motor vehicle is said to have pulled over and the occupants called her.
Apparently she knew one of the occupants who was a police woman. They ordered her to board the motor vehicle
and drove her to Karatina police station. There she was handed over to some eight officers from what was then known
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