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S M N v. Z M S, M W S, Director of Public Prosecutions & Chief Magistrate Court at Nakuru

(2017) JELR 94130 (CA)

Court of Appeal  •  Civil Appeal 205 of 2014  •  9 Jun 2017  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage



1. This appeal is limited to a challenge on the refusal by the High Court, Lenaola, J. (as he then was) to 'review, vacate or set aside' a consent order recorded by the court on 11th July, 2013 in Constitutional Petition No. 529 of 2012. The consent was a culmination of a matter variously characterized by the court and the parties as "highly emotive” and 'traumatic episode'. It commenced in Nakuru Chief Magistrate's Court on 8th November, 2012 when the appellant before us, S M N (S) filed Misc. Criminal Application No. 117 of 2012 seeking leave to commence private criminal proceedings against the 2nd respondent herein, M S (M). The allegation he made was that M had abducted and concealed his son, one 'S W' who went missing at their home in Subukia at the age of 3 years some 34 years earlier on 31st August, 1988. According to S, Z M S (Z), the 1st respondent before us, was their lost son. When the Director of Public Prosecutions (DPP), became aware of the applicati…

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