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Wellington Senerwa Kalo v Ben Masawe & 13 others [2014] KEHC 2727 (KLR)

[2014] KEHC 2727 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2727
Citation
[2014] KEHC 2727 (KLR)
Decided
24 July 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous orderCoramS.N. MUTUKU
Holding

The orders made on 4th July 2012 are hereby reviewed and vacated. Miscellaneous Criminal Applications No. 6 and 7 of 2011 are dismissed. Criminal Case No. 24 of 2012 will continue being handled by the magistrate at Hola until finalized.

Facts

The applicant filed three matters at Garissa High Court seeking damages for defamation and to transfer a criminal case. The applicant then applied to review the previous orders.

Issues

  1. Whether to transfer Criminal Case No. 24 of 2012 from Hola to another court
  2. Whether to dismiss Miscellaneous Criminal Applications No. 6 and 7 of 2011

Reasoning

The papers were mixed up, and the applicant did not provide convincing grounds for the transfer. The applications were found to be frivolous and vexatious.

Outcome

Appeal dismissed

Orders

  • Miscellaneous Criminal Applications No. 6 and 7 of 2011 are dismissed
  • Criminal Case No. 24 of 2012 will continue being handled by the magistrate at Hola until finalized

Remedies

  • Each party will take care of its own costs in this application
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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