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C C M
V.
OFFICER COMMANDING STATION MALINDI & 2 OTHERS

(2019) JELR 103489 (CA)

Court of Appeal 25 Jul 2019 Kenya
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Case Details

Suit Number:Civil Appeal 150 of 2018
Judges:Hannah Magondi Okwengu, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Malindi
Other Citations:C C M v. Officer Commanding Station Malindi & 2 others [2019] eKLR

JUDGMENT OF THE COURT

[1] The appeal herein is from the judgment of the High Court (Korir, J.) in which an application for Judicial Review lodged by CCM the appellant herein was dismissed.

[2] The litigation originates from a report made by the appellant to the Malindi police station on the 30th November, 2015 and recorded as OB No. [xxxx] claiming that the 2nd respondent, MNM who is his wife, abandoned their matrimonial home and her children and abducted their last born child, whom she left with. The 1st respondent, to whom the report was made, only dealt with the issue of abduction but did not address the abandonment issue. The appellant claimed that the 1st respondent failed to act on the abandonment complaint and remained uncooperative on the issue.

[3] The appellant being aggrieved instituted the judicial review proceedings against the respondents seeking orders of mandamus to compel the 1st respondent to act on the complaint by the appellant made vide OB No. [xxxx] and prefer charg…

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