[2020] KEHC 8686 (KLR)

[2020] KEHC 8686 (KLR)

The court found that although the cause had commenced in Nairobi, both the applicant and the child resided in Mombasa, and the Children Court in Mombasa was competent to hear the matter. The court emphasized that the best interests of the child, as mandated by statute and the Constitution, required that the forum be...

Source-derived case information.

Citation
[2020] KEHC 8686 (KLR)
Parties
Applicant: IWW; Respondent: DOO
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
6 February 2020
Case Number
Miscellaneous Cause 123 of 2019
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Outcome
application allowed
Judges
AO Muchelule
Legal Topics
Child Custody, Transfer of Suit, Best Interests of Child
Source Language
english
Family and Children Civil Procedure Child Custody Transfer of Suit Best Interests of Child

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Parties

IWW

Applicant

DOO

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Transfer of Suit

Legal Issues

  1. 1 Whether the Children Court cause should be transferred from Nairobi to Mombasa for hearing and determination.
  2. 2 Whether the best interests of the child require the suit to be heard in Mombasa.

Ratio Decidendi

The court found that although the cause had commenced in Nairobi, both the applicant and the child resided in Mombasa, and the Children Court in Mombasa was competent to hear the matter. The court emphasized that the best interests of the child, as mandated by statute and the Constitution, required that the forum be convenient for the child, who currently lives and attends school in Mombasa. Therefore, the transfer of the cause to Mombasa was necessary to serve the child's best interests and to comply with the legal requirement that suits be filed where the defendant resides.

Court Disposition

application allowed

Orders

  • The Children Court Cause No. 437 of 2019 at Nairobi is transferred to the Children Court at Mombasa for hearing and resolution.
  • Costs shall be in the cause.