[2013] KEHC 5848 (KLR)

[2013] KEHC 5848 (KLR)

The court found that, although the respondent and his mother had been caring for the children, it is both morally and legally inappropriate to separate a child below two years from the mother. The applicant, as the mother, should have custody of the youngest child, regardless of her employment status or living arrangements. For the older two children, the court determined that it would not be in their best interests to disrupt their schooling and current environment by transferring custody at this stage. Both parents are responsible for the children's welfare, and the respondent is ordered to provide maintenance for the youngest child placed in the applicant's custody.

Citation
[2013] KEHC 5848 (KLR)
Parties
Appellant: I.A.A; Respondent: A.M.N
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
26 June 2013
Case Number
Civil Appeal Suit 36 of 2013
Procedural Posture
Civil Appeal / Interlocutory Application for Custody Pending Appeal
Outcome
Application partly allowed.
Legal Topics
Child Custody, Child Maintenance, Parental Responsibility
Source Language
English
Family and Children Child Custody Child Maintenance Parental Responsibility

Case Brief

Summary, issues, holding and outcome

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Parties

I.A.A

Appellant

A.M.N

Respondent

Procedural Posture

Civil Appeal / Interlocutory Application for Custody Pending Appeal

Legal Issues

  1. 1 Whether the applicant should be granted interim custody of the three children pending the hearing and determination of the appeal.
  2. 2 Whether the respondent should be ordered to pay monthly maintenance for the children.
  3. 3 Whether it is in the best interests of the children to be separated from their current environment.

Ratio Decidendi

The court found that, although the respondent and his mother had been caring for the children, it is both morally and legally inappropriate to separate a child below two years from the mother. The applicant, as the mother, should have custody of the youngest child, regardless of her employment status or living arrangements. For the older two children, the court determined that it would not be in their best interests to disrupt their schooling and current environment by transferring custody at this stage. Both parents are responsible for the children's welfare, and the respondent is ordered to provide maintenance for the youngest child placed in the applicant's custody.

Court Disposition

Application partly allowed.

Orders

  • The last born child of the marriage is placed under the care of the applicant (mother).
  • The respondent is to provide monthly maintenance of KShs.7,000 for the last born child.