Problem
At Ndere Island five kilometers from the Sunset Beach Hotel, a state-owned hotel, the Kenya Prison Service maintained Ndere Prison, a minimum-security facility, for the rehabilitation of prisoners under the control and supervision of prison officers. On 20 July 2022, a party of such prisoners was working on the Island under the supervision of six prison officers. As night arrived and with the other shift delayed in arriving to relieve them, two of the prison officers, Onyango and Kiprotich, dozed off, while the other four were distracted watching some athletic races that Kenyans were winning big that night. Twenty out of thirty prisoners under guard escaped and went aboard a Prison Service boat which they found nearby. They set it in motion and sailed away while some of the officers were sleeping and others had gone to a dance taking place at the officers' mess on the Island. About a kilometer away was a fleet of pleasure boats which were operated by Obama Incorporation, an American Company. The escapees, to avoid being easily identified, took over one of the pleasure boats which had been moored and boarded it. They later abandoned the boat after using it. The boat suffered extensive damage and had to be written off. An investigation established that some of the escape inmates had records of multiple escape arrests, and that due to corruption, some violent criminals had been jailed in a minimum-security facility. It was also found that despite recommendation by the Prison Service, Obama Incorporation left some of pleasure boats poorly moored. Some drunk employees were, contrary to regulations, still on the boats and had played a role in driving the boats captured by the escaped inmates. One of the prisoners, Rotiken, drowned during the escape, and while he was rescued the following morning, he has suffered permanent brain damage due to hypothermia.
I. Obama Incorporation claims to have suffered losses and has brought an action against the Attorney General of Kenya. As the High Court Judge determining this matter, and have heard the evidence, write your succinct judgment discussing whether Kenya Prison Service is liable in negligence.
II. The evidence adduced has established that the Prison service owed a duty to Rotiken, this duty was breached, and that he was bullied by other prisoners to escape with them, which made possible by the derelict conduct of the Prison Officers. As a Judge the conundrum lies on the question of remoteness of damage and defences. Examine this as you write this portion of judgment in Rotiken v Attorney General of Kenya.