[2025] KEHC 10053 (KLR)

[2025] KEHC 10053 (KLR)

The court found that the application for interim access had been overtaken by events, as the holiday period in question had already passed. Entertaining the application would amount to dealing with the appeal in a piecemeal fashion, contrary to proper appellate procedure. The applicant had failed to prosecute the main appeal for nearly five years, instead filing multiple similar applications. The court held that the appropriate course was for the applicant to proceed with the appeal rather than seeking repeated interim relief. Accordingly, the application was dismissed, and the applicant was given a final opportunity to process the appeal within 45 days, failing which the appeal would...

Citation
[2025] KEHC 10053 (KLR)
Parties
Applicant: JAO; Respondent: PAP
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
10 July 2025
Case Number
Family Appeal E090 of 2021
Procedural Posture
Family Appeal / Ruling on Interlocutory Application
Outcome
application dismissed
Judges
HK Chemitei
Legal Topics
Child Custody, Interlocutory Applications, Parental Access, Appeal Procedure
Source Language
English
Family and Children Child Custody Interlocutory Applications Parental Access Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

JAO

Applicant

PAP

Respondent

Procedural Posture

Family Appeal / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the applicant is entitled to interim orders allowing the minors to stay with him during part of the April 2025 holidays.
  2. 2 Whether the application has been overtaken by events and is therefore moot.
  3. 3 Whether the applicant should prosecute the main appeal instead of filing multiple interlocutory applications.

Ratio Decidendi

The court found that the application for interim access had been overtaken by events, as the holiday period in question had already passed. Entertaining the application would amount to dealing with the appeal in a piecemeal fashion, contrary to proper appellate procedure. The applicant had failed to prosecute the main appeal for nearly five years, instead filing multiple similar applications. The court held that the appropriate course was for the applicant to proceed with the appeal rather than seeking repeated interim relief. Accordingly, the application was dismissed, and the applicant was given a final opportunity to process the appeal within 45 days, failing which the appeal would...

Court Disposition

application dismissed

Orders

  • The application dated 7th April 2025 is dismissed with no order as to costs.
  • The applicant is granted 45 days to process his appeal, failing which the appeal shall stand dismissed.