[2023] KEHC 570 (KLR)
The court found that the respondent failed to comply with previous custody orders by not handing over the minor to the applicant as directed. Since the application was unopposed and the facts were clear, the court allowed the application, ordering the respondent to produce the minor before the court within seven...
Source-derived case information.
- Citation
- [2023] KEHC 570 (KLR)
- Parties
- Applicant: EWT; Respondent: EMT
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E002 of 2022
- Procedural Posture
- Judicial Review / Ruling on Chamber Summons for Production and Custody of Minor
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Child Custody, Enforcement of Custody Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EWT
Applicant
EMT
Respondent
Procedural Posture
Judicial Review / Ruling on Chamber Summons for Production and Custody of Minor
Legal Issues
- 1 Whether the respondent should be compelled to produce the minor before the court.
- 2 Whether custody of the minor should be awarded to the applicant as previously ordered by the court.
Ratio Decidendi
The court found that the respondent failed to comply with previous custody orders by not handing over the minor to the applicant as directed. Since the application was unopposed and the facts were clear, the court allowed the application, ordering the respondent to produce the minor before the court within seven days, with police enforcement authorized in case of default. The decision was based on the need to uphold the authority of court orders and ensure the welfare and rights of the minor and both parents.
Court Disposition
application allowed
Orders
- The respondent EMT is ordered to produce the subject minor before the court within seven days from the date of the ruling.
- In default, the police are authorized to enforce this order.
Full Case Text
Judgment text and source record
22 paragraphs
EWT v EMT (Judicial Review E002 of 2022) [2023] KEHC 570 (KLR) (9 February 2023) (Ruling)
Neutral citation: [2023] KEHC 570 (KLR)
Republic of Kenya
In the High Court at Nakuru
Judicial Review E002 of 2022
HK Chemitei, J
February 9, 2023
Between
EWT
Applicant
and
EMT
Respondent
Ruling
1. In her chamber summons dated January 13, 2023 the applicant prays that the respondent herein be compelled to produce in this court the minor em and her custody thereof be awarded to her.
2. The application is based on the sworn affidavit of the applicant dated the same date and the grounds on the face of it.
3. When the matter came up for inter partes hearing the respondent did not file any response though he was served as per the affidavit of service dated January 27, 2023.
4. The issued bedevilling the parties are very easy to appreciate. By the orders of this court dated April 14, 2022 the parties were granted several orders to ensure that the subject minor is granted custody of both of her parents. According to the applicant she was not able to have the child’s custody in the month of December 2022 as directed by the court. The basic reason was that the respondent did not perform what he was required to do namely hand the child to her.
5. This thus necessitated the filing of the application herein and as stated above the same was not opposed.
6. For the said reasons the application is allowed to the extent that the respondent EMT is hereby within seven days from the date herein ordered to produce the subject before this court and in default the police are authorised to enforce this order.
7. Costs in the cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 9TH DAY OF FEBRUARY 2023. H K CHEMITEIJUDGE