State ordered to pay Sh1.8m for detaining 18 in police cells during Christmas

The Government has also fallen foul to the troubles of the Christmas season.

In 2015, the High Court ordered the State to pay 18 men arrested in a police swoop Sh1.8 million.

The men, who were arrested on December 24, 2009, as they had a drink as they waited to usher in Christmas, pocketed Sh100,000 after the court found that they had been illegally detained in a police station for hours as they were arrested at 9.30pm and released the following morning.

Daniel Waweru was celebrating together with other men in a bar in Mukurweini, Nyeri County, when policemen stormed the place and arrested them.

They were taken to the cells but were released on December 25 at 11.45am without being charged with any offence.

The arrest sparked a five-year case, with the State being accused of malicious arrest, illegal confinement, and tarnishing the arrested persons' characters.

Justice John Mativo agreed with the 18 and ruled that they should be paid the money as damages for unlawful arrest and false imprisonment.

"I am satisfied that from the evidence adduced, the plaintiffs were arrested, taken to the police station, confined, and released the next day without any charges being preferred against them. I am persuaded that on a balance of probabilities the plaintiffs have proved their case against the defendant.

"This court makes a finding that the action of the defendant was high-handed and an award of Sh100,000 will be adequate compensation for each of the plaintiff herein as general damages for unlawful arrest and false imprisonment," Justice Mativo ruled.

The court heard that the 18 had to stand for long hours and those who were not able to stand had to sit on the dirty floor.