[2025] KEHC 9469 (KLR)

[2025] KEHC 9469 (KLR)

The court found that, given the involvement of minor children and the best interests principle, it was necessary to grant interim orders allowing the applicant to return to the matrimonial home and stay with the children pending the hearing of the application and appeal. The respondent's consent to this arrangement, subject to the continued presence of the caregiver, further supported the appropriateness of the orders. The court also emphasized the importance of mediation in family disputes and referred the matter to the Court Annexed Mediation Sub Registry for assignment to a mediator knowledgeable in Muslim law. The court made additional directions regarding the filing of records and...

Citation
[2025] KEHC 9469 (KLR)
Parties
Appellant: FAA; Respondent: BAM
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Judgment Date
30 June 2025
Case Number
Civil Appeal E070 of 2024
Procedural Posture
Civil Appeal / Interlocutory Application; Interim Orders Pending Appeal and Mediation
Outcome
Interim orders granted; matter referred to mediation; directions given for further conduct of the appeal.
Judges
AN Ongeri
Legal Topics
Child Custody, Matrimonial Home Access, Interim Orders, Mediation Referral
Source Language
English
Family and Children Child Custody Matrimonial Home Access Interim Orders Mediation Referral

Case Brief

Summary, issues, holding and outcome

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Parties

FAA

Appellant

BAM

Respondent

Procedural Posture

Civil Appeal / Interlocutory Application; Interim Orders Pending Appeal and Mediation

Legal Issues

  1. 1 Whether interim orders should be granted to allow the applicant to return to the matrimonial home pending the hearing of the application and appeal.
  2. 2 Whether the best interests of the minor children require immediate intervention by the court.
  3. 3 Whether the matter should be referred to mediation for resolution.

Ratio Decidendi

The court found that, given the involvement of minor children and the best interests principle, it was necessary to grant interim orders allowing the applicant to return to the matrimonial home and stay with the children pending the hearing of the application and appeal. The respondent's consent to this arrangement, subject to the continued presence of the caregiver, further supported the appropriateness of the orders. The court also emphasized the importance of mediation in family disputes and referred the matter to the Court Annexed Mediation Sub Registry for assignment to a mediator knowledgeable in Muslim law. The court made additional directions regarding the filing of records and...

Court Disposition

Interim orders granted; matter referred to mediation; directions given for further conduct of the appeal.

Orders

  • Applicant to return to the matrimonial house and stay with the children pending inter partes hearing and appeal.
  • The 20-year-old caregiver to continue staying with the applicant peacefully.