[2020] KEHC 6747 (KLR)

[2020] KEHC 6747 (KLR)

The High Court found that the trial court erred by granting actual custody of a child of tender years to the father solely on the basis of his superior financial position, without evidence of exceptional circumstances that would disqualify the mother. The law and established precedent dictate that, barring...

Source-derived case information.

Citation
[2020] KEHC 6747 (KLR)
Parties
Appellant: EKM; Respondent: EBO
Court
High Court
Court Station
High Court at Kajiado
Jurisdiction
Kenya
Case Number
Civil Appeal 8 of 2019
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal_allowed
Judges
EC Mwita
Legal Topics
Child Custody, Best Interests of Child, Parental Responsibility, Children of Tender Years
Source Language
en
Family and Children Child Custody Best Interests of Child Parental Responsibility Children of Tender Years

Source-derived case record

Summary, issues, holding and outcome

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Parties

EKM

Appellant

EBO

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in granting actual custody of a child of tender years to the father instead of the mother.
  2. 2 Whether the financial status of the mother constitutes exceptional circumstances to deny her custody.
  3. 3 Whether the trial court failed to apply the best interests of the child principle as required by law.

Ratio Decidendi

The High Court found that the trial court erred by granting actual custody of a child of tender years to the father solely on the basis of his superior financial position, without evidence of exceptional circumstances that would disqualify the mother. The law and established precedent dictate that, barring misconduct or other compelling reasons, custody of such a young child should remain with the mother. The appellant's status as a student and her financial dependence on her mother did not amount to exceptional circumstances. Both parties were found to be loving and capable parents, and the Children Officer's reports did not indicate any reason to deprive the mother of custody. The best...

Court Disposition

appeal_allowed

Orders

  • The appeal is allowed.
  • The judgment of the trial court on actual custody is set aside.