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…others v Republic High Court, at Kisii April 11, 1991 Patel J Criminal Appeals Nos 12, 13 & 24 of 1991 Criminal Law – stock theft – appellants alleging to have been voluntarily given 11 heads of cattle by the complainant as compensation…

…The complainant, it was alleged, offered to give away some 11 heads of cattle as compensation for the lost animals which was agreed but he was all the same arrested and later released.…

…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.…

…Mr Oduk, also submitted that the appellant was entitled to compensation for the two ratoon crops as the respondent had already breached the agreement by the time the arson took place. 4.…

…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.…