[2017] KEHC 6761 (KLR)

[2017] KEHC 6761 (KLR)

The court found that the circumstances had changed since the lower court's order, as the respondent had left the country, leaving both minors in the applicant's actual custody. Granting custody to the absent respondent was impractical and not in the best interests of the child. The court emphasized the paramountcy of the child's welfare and the need for stability. It held that interim custody should be granted to the applicant pending the main suit. Regarding maintenance, the court noted that only the respondent was in gainful employment and that the minors' needs must be met during the pendency of the suit. The court structured interim maintenance orders against the respondent,...

Citation
[2017] KEHC 6761 (KLR)
Parties
Applicant: A W K alias A E L W; Respondent: Dr. S K K
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
29 March 2017
Case Number
Children's Case 1 of 2017
Procedural Posture
Miscellaneous Application / Interlocutory Application for Stay, Custody, and Maintenance Pending Appeal and Main Suit
Outcome
partially successful
Judges
AG Ndung'u
Legal Topics
Child Custody, Child Maintenance, Best Interests of Child, Parental Responsibility
Source Language
English
Family and Children Child Custody Child Maintenance Best Interests of Child Parental Responsibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

A W K alias A E L W

Applicant

Dr. S K K

Respondent

Procedural Posture

Miscellaneous Application / Interlocutory Application for Stay, Custody, and Maintenance Pending Appeal and Main Suit

Legal Issues

  1. 1 Whether interim custody of the minor S L A K should be granted to the applicant pending determination of the main suit.
  2. 2 Whether interim maintenance orders should be made against the respondent for the benefit of the minors.
  3. 3 Whether restrictive orders preventing removal of the minors from the court's jurisdiction should be upheld.

Ratio Decidendi

The court found that the circumstances had changed since the lower court's order, as the respondent had left the country, leaving both minors in the applicant's actual custody. Granting custody to the absent respondent was impractical and not in the best interests of the child. The court emphasized the paramountcy of the child's welfare and the need for stability. It held that interim custody should be granted to the applicant pending the main suit. Regarding maintenance, the court noted that only the respondent was in gainful employment and that the minors' needs must be met during the pendency of the suit. The court structured interim maintenance orders against the respondent,...

Court Disposition

partially successful

Orders

  • Custody of S L A K granted to the applicant pending hearing and determination of Nakuru Children Case No.25 of 2016.
  • Respondent to have unlimited access to both minors whenever in Kenya, structured by mutual agreement or as guided by the trial court.