This archive report was first published on 7 August 2019.
On October 25, 2015, a man, CCM, reported to the police that his wife, MNM, had abducted their child at midnight and abandoned their other child. However, the Director of Public Prosecutions (DPP) declined to prosecute the case, citing lack of evidence.
Aggrieved, CCM sued the DPP and his wife at the High Court, but the court threw out the case, finding that CCM was liable for what had befallen him. CCM then appealed to the Court of Appeal, but the justices, Hannah Okwengu, Gatembu Kairu, and Agnes Murgor, dismissed his case, finding that the complaint was civil and a private matter.
The court also criticized CCM for involving his children in the dispute with his wife, stating that he should have taken care of their interests instead. The judges ordered CCM to pay for the costs of the case.
Published on August 7, 2019.
