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M.A V. M.A

(2014) JELR 99521 (CA)

Court of Appeal  •  Civil Application Nai. 245 of 2013  •  11 Jul 2014  •  Kenya

Coram
Philip Nyamu Waki, Mohammed Abdullahi Warsame, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

The matter before us is fairly narrow. It is a reference from the decision of a single Judge of this Court to the full court; not an appeal as purported by a “notice of appeal” and “submissions on appeal”, filed by the applicant, M M A (Mrs. A). The learned single judge was Justice G.B.M Kariuki JA before whom a notice of motion dated 16th September, 2013, fell for hearing and determination on 28th January, 2014. Mrs. A represented herself in that application, as she has in other matters and still does before us. She says she does not trust advocates after she had nasty experiences with them. It is her right. Under the Constitution, courts are bound to give access and listen to all and sundry who come before them. Even the dull and ignorant; they too have their story.

But Mrs. A is neither dull nor ignorant. She has been in and around these courts for 29 years since 1985 when her husband, Dr. M A filed a petition in the High Court to divorce her on account of cruelty…

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