REPUBLIC OF KENYA
IN THE PRINCIPAL MAGISTRATE’S COURT AT SIRISIA
CIVIL CAUSE NO. ……………… OF 2024
ROSELYN NASIMIYU WASIKE.……….........………..……………………..…..PLAINTIFF
=VERSUS=
JANEPHER NANYAMA WANYONYI ..………………...………………………..DEFENDANT
PLAINT
1. The Plaintiff is a female adult person of sound mind and a resident of
Namwela location Chwele and therefore her address for the purposes
of service of this suit shall be care of P.O. Box 48 Chwele.
2. The Defendant is a female adult person and a resident of Sichei sub
location, Chwele location within Bungoma County and therefore her
address of service for the purpose of service of this suit shall be care of
P.O. Box 192 Chwele or through the Plaintiff’s postal address.
3. The Plaintiff states that the Defendant herein owed her money worth
Kshs. 400,000/= which the Defendant committed to pay vide an
agreement dated 27th day of September 2023 to refund her in
installments of Kshs. 80,000/= as per the said agreement of
commitment.
4. The Plaintiff avers that, the Defendant only paid Kshs. 120,000 leaving
the balance of Kshs. 280,000/= which the Defendant has refused or
ignored to pay despite several demands being made.
5. The Plaintiff further states that as a proximate result of the Defendants
refusal to pay the said debt, she has suffered loss totaling to a sum of
Kshs. 350,000/= with inclusion of all costs incurred in demanding the
said debt which the Defendant has never accounted for to date.
6. The Plaintiff claims against the Defendant is for a sum of Kshs.
350,000/= together with the interest thereon at bank rates being the
money lost or unlawfully converted by the Defendant for her own use.
7. Despite demand notices and an intention to sue having been issued,
the Defendant has failed, refused and or neglected to respond hence
rendering this suit absolutely necessary.
8. The Plaintiff avers that there is neither any other suit pending in court
nor has there been any proceeding in any other court over the same
cause of action and or between the same parties.
9. This honorable court has jurisdiction to hear and determine this matter.
Reasons Wherefore the Plaintiff prays for judgment against the Defendant
for:-
a) A sum of Kshs. 350,000/= as prayed for in paragraph 7 of the Plaint
b) Costs of the suit.
c) Interest as on (a) and (b) above.
d) Any other relief the court deems fit and just to grant.
Dated at Bungoma this ………………….day of …………………………2024.
_______________________
ROSELYN NASIMIYU WASIKE
PLAINTIFF
DRAWN & FILED BY:-
ROSELYN NASIMIYU WASIKE
P.O. BOX 48,
CHWELE.
C/O NAMWELA LOCATION
BUNGOMA COUNTY.
TO BE SERVED UPON:-
JANEPHER NANYAMA WANYONYI
P.O. BOX 192,
CHWELE
C/O SICHEI SUB-LOCATION
BUNGOMA COUNTY.
REPUBLIC OF KENYA
IN THE PRINCIPAL MAGISTRATE’S COURT AT SIRISIA
CIVIL CAUSE NO. ……………… OF 2024
ROSELYN NASIMIYU WASIKE.………........……………………..…..PLAINTIFF
=VERSUS=
JANEPHER NANYAMA WANYONYI ..……..………………………..DEFENDANT
VERIFYING AFFIDAVIT
1. I, ROSELYN NASIMIYU WASIKE care of P. O. Box 48 Bungoma, do
hereby make oath and state as follows:-
2. THAT I am the Plaintiff in the case herein hence competent to swear
this Affidavit.
3. THAT I am a female adult person of sound mind a resident of Sichei
sub location, Chwele location within Bungoma County.
4. THAT I am well acquainted with the contents of the plaint and hereby
verify the correctness of the same.
5. THAT there has been no other case between the Defendant and I on
the present subject matter.
6. THAT all that is deponed herein is true and correct to the best of my
knowledge, information and belief.
Sworn this …………………….day of …………………………………….2024.
BY THE SAID:-
ROSELYN NASIMIYU WASIKE ____________
(DEPONENT)
BEFORE ME:-
MAGISTRATE / COMMISSIONER FOR OATHS
DRAWN & FILED BY:- TO BE SERVED UPON:-
ROSELYN NASIMIYU WASIKE JANEPHER NANYAMA WANYONYI
P.O. BOX 48, P.O. BOX 192,
CHWELE. CHWELE.
C/O NAMWELA LOCATION C/O SICHEI SUB-LOCATION
BUNGOMA COUNTY. BUNGOMA COUNTY.
REPUBLIC OF KENYA
IN THE PRINCIPAL MAGISTRATE’S COURT AT SIRISIA
CIVIL CAUSE NO. ……………… OF 2024
ROSELYN NASIMIYU WASIKE.……….........……………………………..…..PLAINTIFF
=VERSUS=
JANEPHER NANYAMA WANYONYI ..……..……………….…………………..DEFENDANT
PLAINTIFF’S LIST OF WITNESSES
1. Roselyn Nasimiyu Wasike
2. Any other to be called at the Hearing thereof with the leave of this court.
Dated at Bungoma this ……………….day of ……………………………………2024.
_______________________
ROSELYN NASIMIYU WASIKE
PLAINTIFF
DRAWN & FILED BY:-
ROSELYN NASIMIYU WASIKE
P.O. BOX 48,
CHWELE.
C/O NAMWELA LOCATION
BUNGOMA COUNTY.
TO BE SERVED UPON:-
JANEPHER NANYAMA WANYONYI
P.O. BOX 192,
CHWELE.
C/O SICHEI SUB-LOCATION
BUNGOMA COUNTY.
REPUBLIC OF KENYA
IN THE PRINCIPAL MAGISTRATE’S COURT AT SIRISIA
CIVIL CAUSE NO. ……………… OF 2024
ROSELYN NASIMIYU WASIKE.……….........…………………..…………..…..PLAINTIFF
=VERSUS=
JANEPHER NANYAMA WANYONYI ..……..……………….…………………..DEFENDANT
PLAINTIFF’S LIST OF DOCUMENTS
1. Committal Agreement dated 27/09/23.
2. Demand letter dated 22/01/24.
3. Any other document to be produced at the Hearing thereof with the leave of this
court.
Dated at Bungoma this ……………….day of ……………………………………2024.
_______________________
ROSELYN NASIMIYU WASIKE
PLAINTIFF
DRAWN & FILED BY:-
ROSELYN NASIMIYU WASIKE
P.O. BOX 48,
CHWELE.
C/O NAMWELA LOCATION
BUNGOMA COUNTY.
TO BE SERVED UPON:-
JANEPHER NANYAMA WANYONYI
P.O. BOX 192,
CHWELE.
C/O SICHEI SUB-LOCATION
BUNGOMA COUNTY.
REPUBLIC OF KENYA
IN THE PRINCIPAL MAGISTRATE’S COURT AT SIRISIA
CIVIL CAUSE NO. ……………… OF 2024
ROSELYN NASIMIYU WASIKE.……….........………..……………………..…..PLAINTIFF
=VERSUS=
JANEPHER NANYAMA WANYONYI ..………………...………………………..DEFENDANT
PLAINTIFF’S WITNESS STATEMENT
1. I am a female adult person of sound mind and a resident of Namwela
location Chwele, within Bungoma County.
2. The Defendant is a female adult person and a resident of Sichei sub
location, Chwele location within Bungoma County.
3. The Defendant herein owed me money worth Kshs. 400,000/= which
she had committed to pay vide an agreement dated 27th day of
September 2023 to refund me in installments of Kshs. 80,000/= as
per the said agreement of commitment.
4. The Defendant only paid Kshs. 120,000 leaving the balance of Kshs.
280,000/= which the Defendant has refused or ignored to pay despite
several demands being made.
5. That as a proximate result of the Defendant’s refusal to pay the said
debt, I have suffered loss totally to a sum of Kshs. 350,000/= with
inclusion of all costs incurred in demanding the said debt which the
Defendant has never accounted for, to date.
6. That my claim against the Defendant is for a sum of Kshs. 350,000/=
together with the interest thereon at bank rates being the money lost
or unlawfully converted by the Defendant for her own use.
7. Despite demand notices and an intention to sue having been issued,
the Defendant has failed, refused and or neglected to respond hence
rendering this suit absolutely necessary.
8. I state that there is neither any other suit pending in court nor has
there been any proceeding in any other court over the same cause of
action and or between the same parties.
9. That this honorable court has jurisdiction to hear and determine this
matter.
10. That I pray for judgment against the Defendant as follows:-
a) A sum of Kshs. 350,000/=
b) Costs of the suit.
c) Interest as on (a) and (b) above.
d) Any other relief the court deem fit and just to grant.
Dated at Bungoma this ………………….day of …………………………2024.
_______________________
ROSELYN NASIMIYU WASIKE
PLAINTIFF WITNESS
DRAWN & FILED BY:-
ROSELYN NASIMIYU WASIKE
P.O. BOX 48,
CHWELE.
C/O NAMWELA LOCATION
BUNGOMA COUNTY.
TO BE SERVED UPON:-
JANEPHER NANYAMA WANYONYI
P.O. BOX 192,
CHWELE.
C/O SICHEI SUB-LOCATION
BUNGOMA COUNTY.
