[2017] KEHC 7706 (KLR)

[2017] KEHC 7706 (KLR)

The High Court found that the trial court correctly applied the best interests of the child standard in awarding custody of the minor to the respondent, the mother. The minor was of tender years, and no evidence was presented to show the respondent was unfit. The appellant had conceded in his affidavit that the respondent was better placed to care for the child. The court also found that the trial court erred by not addressing the appellant's right of access to the child, which is both a statutory and constitutional right. The court therefore upheld the custody order in favor of the respondent but granted the appellant access to the minor for two weeks during school holidays and school...

Citation
[2017] KEHC 7706 (KLR)
Parties
Appellant: J M M; Respondent: P E A
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Judgment Date
20 February 2017
Case Number
Civil Appeal 38 of 2014
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal partly allowed; custody of the minor remains with the respondent; appellant granted access rights.
Judges
WA Okwany
Legal Topics
Child Custody, Divorce, Best Interests of Child, Parental Responsibility
Source Language
English
Family and Children Child Custody Divorce Best Interests of Child Parental Responsibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

J M M

Appellant

P E A

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court considered the best interests of the minor before awarding custody to the respondent.
  2. 2 Whether the appellant has a right of access to the minor.

Ratio Decidendi

The High Court found that the trial court correctly applied the best interests of the child standard in awarding custody of the minor to the respondent, the mother. The minor was of tender years, and no evidence was presented to show the respondent was unfit. The appellant had conceded in his affidavit that the respondent was better placed to care for the child. The court also found that the trial court erred by not addressing the appellant's right of access to the child, which is both a statutory and constitutional right. The court therefore upheld the custody order in favor of the respondent but granted the appellant access to the minor for two weeks during school holidays and school...

Court Disposition

Appeal partly allowed; custody of the minor remains with the respondent; appellant granted access rights.

Orders

  • Custody of the minor shall remain with the respondent.
  • The appellant shall have right of access to the minor for 2 weeks during school holidays and may visit the child in school with prior notice to the respondent and permission from the school's administration.