The Tort of Malicious Prosecution

Firstly, the Tort of Malicious Prosecution is an intentional Tort that provides redress to a plaintiff, for losses incurred following unsuccessful and Malicious proceedings which are initiated without any lawful reasonable or probable cause.

There are 4 elements of the Tort of Malicious Prosecution:

a) That a Prosecution was instituted by the defendant or by someone for whose acts he is responsible – it must be the defendant who goes to make a complain to the police or he must cause someone to initiate the process.
b) That the prosecution terminated in the Plaintiff’s favour. In other words the plaintiff must win the case brought against him by the default.
c) That the prosecution was instituted without reasonable and/or probable cause. This test is an objective test. The material within the knowledge of the prosecutor at the time he instituted the prosecution, must be such as to be capable of satisfying an ordinary, reasonable,prudent and cautious man to the extent of believing that the accused is probably guilty.
d) That the prosecution was actuated by malice.(Most important). The question the court asks is whether it can be seen, on a balance of probabilities, that the case was being used for some other skewed reason other than the ordinary pursuit of bringing the offender to justice.
Therefore, one must prove the above four elements to succeed in a claim for the Tort of Malicious Prosecution- Silvia Kambura v George Kathurima Japhet [2021]eKLR.
Most importantly, the applicability of the Tort is now extending to cover the domain of Malicious civil proceedings. Traditionally, the Tort was only available to Plaintiff’s against whom Malicious criminal proceedings had been instituted.

PRESIDENT RUTO ; A POLITICAL FOX OR HYENA ?.

Kenya’s President Dr William Ruto or popularly known as Hustler 01 ,has turned out to find that governance isn’t a political popularity contest evidenced by his government actions since he got sworn into power.

President Ruto ,got elected for one major reason;REPRESENTED THE ORDINARY KENYAN ,one without connections ,one working his or her way up the social ladder .Majority of us ,saw ourselves through him ,as at one point or the other ,our backgrounds were used to deny us opportunities or access to certain services or circles .

President Ruto’s government policies have changed nothing for majority of the ordinary Kenyans ,who overwhelmingly voted for him .In fact ,he is continuing with most of the policies of his predecessor come foe President Uhuru .

We need to ask ourselves ,some really hard and soul searching questions ,is President Ruto ,a political fox or hyena ?.

President Ruto ,is a political fox ,no doubt about that ,the guy has survived the murky waters of Kenyan politics for a long time ,infact ,his a career politician from university .He survived the International Criminal Court ,indictment on crimes against humanity ,then rose to the second highest seat in the country .

President Ruto,is an experienced political fox ,the guy somehow for saw ,the coming political betrayal by his friend and then President Uhuru ,who endorsed Honorable Raila Odinga in the concluded general elections .

President Ruto ,outsmarted the incumbent ,an experienced politician from the ”Kikuyu Royal family ”,did the same to a veteran politician ,the doyen of opposition politics of Kenya ,Honourable Raila Odinga ,with his government backed team Azimio .

How President Ruto ,managed to convince us ,that he was one of us ,is still something am still researching.Anyway ,politics is an emotive issue ,he milked ordinary Kenyans emotions by turning around the usual tribal politics into a class politics ,Kenya being a country of forty billionaires and forty million beggers as the late J.J.Kariuki once said ,he won ,the fight of the hearts .

We need to differiate ,Ruto the presidential candidate and Ruto the President .

Ruto ,the political candidate is/was a fox but Ruto the President is a political hyena.

Why a political hyena?. Look ,at the extravagance being rubbed in our faces by his cabinet secretaries and close political cronies ?.This are guys buying luxury goods running into several millions ,from wrist watches to designer sun glasses ,this are fellas in the last one or so years weren’t showing this oppluence of luxury goods ,so ,your guess is as good as every Tom ,Dick and Harry’s…As the saying goes ,” A man is judged by the company he keeps ”.

President Ruto the political hyena ,is still giving more promises yet he hasn’t implemented half of what he promised in his political manifesto .Maybe his handlers aren’t telling him the truth or his just an outright pathological liar or he thinks fifty million of us are very stupid and aren’t living in the same country as him because, we aren’t seeing or feeling the changes or development projects he keeps talking about .

The President ,needs to realize ,his in power ,he needs to keep quite and deliver .The late President Kibaki,wasn’t a fan of the media ,but the guy really delivered. The more President Ruto talks ,the more he gives more promises ,which he won’t fulfill as he hasn’t fulfilled his past promises ,the President ,is decampaighing himself .

President Ruto the political hyena, he is urging doctors to end their strike for better pay ,as he claims ,the country wage bill is colosoul but he paradoxically turns around and asks parliament to legslize his actions to appoint cabinet assistant secretaries and goes further to remove the cap on the number of CAS he can appoint ,now are medics to trust such a president?.

President Ruto government is turning against the same people who got them into power ,the cost of living is high and unemployment is skyrocketing as his cabinet and political cronies showcase extravagance, opulence and sadism on the same folks that got them in power ,like what CS Transport told a certain guy ,who asked him for a jo b,”HUTUPEANI KAZI HAPA”,it’s equivalent to what the French Princess told French peasants,”IF THEY DON’T HAVE BREAD,LET THEM EAT CAKE”,this led to the French peasants revolution, she was hunged in Paris ,only fools assume history or think ,it can never ever happen to them ,people without a choice and hopeless, have nothing to live for or fear ,so they may just take your job !