These were two cases in one. Except for the different applicants everything else was the same. So the parties agreed to have the matters combined for argument. It was expedient. More
I decided to write this judgment despite that this is an unopposed matter. The reason for this rather unusual course of action will become more apparent later in this judgment. Suffice to say that this was mainly because of the procedural frailities inherent in this review application and the order being sought in the matter set on the unopposed motion roll. I also invited Mr Mbwachena to address me on legal problems apparent in this matter and unfortunately he appeared unprepared and unhelpful. More
The remedy sought by the applicant, on an urgent basis, was rather unusual. For a final order, he wanted the court to declare, in the main, as being unlawful and a breach of his constitutional rights, the respondents’ conduct in barring him from retiring from the police force after having reached the pensionable service. Ancillary to that, was a request to set aside the respondent’s letter communicating that decision. More
This was an application for bail pending appeal. It was opposed. I dismissed it soon after argument and gave reasons ex tempore. The applicants say they want to appeal. So they have asked for written reasons. Here they are. More
The parties to these divorce proceedings are resigned to the fact that their marriage relationship has irretrievably broken down and therefore that their marriage should be dissolved. The cause of this matrimonial disharmony is however contested, whereas the plaintiff attributes the same alleged incessant and unfounded accusations (which he does notelaborate) and general harassment at the hands of the defendant, the latter however, ascribes the breakdown to plaintiff’s alleged sexual indiscretions and philandering ways coupled with a deprivation of the expected consortium omnis vitae. More
