[2017] KEHC 7011 (KLR)

[2017] KEHC 7011 (KLR)

The court found that the applicant failed to provide credible medical evidence demonstrating that he is too sickly or incapacitated to travel to Mombasa for the hearing. The attached medical report was faint and illegible, and the court observed no visible ailment during the applicant's appearance. The court further...

Source-derived case information.

Citation
[2017] KEHC 7011 (KLR)
Parties
Applicant: JA; Respondent: NCW
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
16 March 2017
Case Number
Miscellaneous Civil Application 512 of 2016
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Outcome
application dismissed with costs to the respondent
Judges
CM Njagi
Legal Topics
Transfer of Suit, Child Custody, Best Interests of Child, Jurisdiction, Parental Responsibility
Source Language
english
Family and Children Civil Procedure Transfer of Suit Child Custody Best Interests of Child Jurisdiction Parental Responsibility

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Summary, issues, holding and outcome

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Parties

JA

Applicant

NCW

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Transfer of Suit

Legal Issues

  1. 1 Whether sufficient grounds exist to transfer Tononoka Children Case No. 315 of 2016 from Mombasa to Butere Chief Magistrate's Court.
  2. 2 Whether the applicant's health and convenience justify the transfer of the case.
  3. 3 Whether the best interests of the child require the transfer of the case.

Ratio Decidendi

The court found that the applicant failed to provide credible medical evidence demonstrating that he is too sickly or incapacitated to travel to Mombasa for the hearing. The attached medical report was faint and illegible, and the court observed no visible ailment during the applicant's appearance. The court further noted that the child had been living and schooling in Mombasa prior to her mother's death, and that the applicant had not disputed the respondent's account of abduction or the child's prior residence. Applying Article 53(2) of the Constitution, the court held that the best interests of the child require continuity in her environment and education, which are best served by the...

Court Disposition

application dismissed with costs to the respondent

Orders

  • The application dated 25th November, 2016 is dismissed.
  • Costs of the application are awarded to the respondent.