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…The appellant was convicted for assault occasioning actual bodily harm and sentenced to 24 months imprisonment, plus 6 strokes of the cane and to pay the complainant Kshs 5,000 compensation.…

…The order of compensation of Ksh 5,000 is also quashed as there is no evidence that the complainant incurred any medical expenses. December 7 ,1987 TORGBOR JUDGE…

…The complainant is said to have paid Kshs 1,000.00 to the appellant as compensation. This payment of compensation was not challenged.…

…If the appellant was paid compensation by the complainant then this is an indication of negligence on the part of the complainant. The learned senior state counsel (Mr Nyagah) did not seek to support the conviction.…

…The Appellant also averred that they would suffer irreparable financial harm incapable of compensation by an award of damages due to the Respondent’s draconian measure of suspending the operation of all their vehicles. 7.…

…That section for avoidance of doubt provides as follows:- “A person who is unlawfully arrested or detained by another person shall be entitled to compensation therefor from that other person.” 9.…