[2014] KEHC 3142 (KLR)
The court found that transferring the suit would not necessarily serve the best interests of the minors, as any court appearance would disrupt their studies regardless of location. The court emphasized that the urgent issue was the speedy determination of custody and provision for the minors' needs. The court also...
Source-derived case information.
- Citation
- [2014] KEHC 3142 (KLR)
- Parties
- Applicant: J K; Respondent: H S M
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Judgment Date
- 9 June 2014
- Case Number
- Miscellaneous Civil Suit 12 of 2014
- Procedural Posture
- Miscellaneous Civil Suit / Ruling on Application for Transfer of Suit
- Outcome
- application for transfer denied
- Judges
- CW Meoli
- Legal Topics
- Transfer of Suit, Custody of Minors, Welfare of Children
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
J K
Applicant
H S M
Respondent
Procedural Posture
Miscellaneous Civil Suit / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the Lower Court suit, Children Case No. 7 of 2013, should be transferred from Malindi to Mombasa in the interest of the minors.
- 2 Whether the conduct of children officers in Mombasa affects the neutrality of proceedings.
- 3 What measures should be taken to ensure the welfare and minimal disruption to the minors.
Ratio Decidendi
The court found that transferring the suit would not necessarily serve the best interests of the minors, as any court appearance would disrupt their studies regardless of location. The court emphasized that the urgent issue was the speedy determination of custody and provision for the minors' needs. The court also noted concerns about the neutrality of children officers in Mombasa but found no sufficient basis to transfer the suit. Therefore, the application for transfer was denied, and the Lower Court was directed to expedite the hearing to resolve the minors' welfare promptly.
Court Disposition
application for transfer denied
Orders
- The application for transfer of the Lower Court suit, Children Case No. 7 of 2013, to Mombasa is denied.
- Costs to be borne by the applicant.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT MALINDI
MISCELLANEOUS CIVIL SUIT NO. 12 OF 2014
J K .………………………..……………………..…. APPLICANT
VERSUS
H S M………………………..…………………… RESPONDENT
RULING
1. This morning as I prepared my ruling in this matter, a report dated May, 15th 2014 authored by James Chebon, Children officer, Kisauni was placed before me. The report is gratuitous as this court has not made any order requesting for the same. As such I requested the court clerk Samwel, to summon the officer who had presented it. One Anwar Suleiman a Children’s Officer Kisauni presented himself before me and was unable to explain why the office deemed it necessary to write a report to this court which is not even seized of the custody matter. The officer was sternly warned to desist from such conduct in the future.
2. The conduct described above rightly or wrongly only lends credence to the respondent’s complaint that certain children officers in Mombasa where the applicant wants the Lower Court matter transferred are not neutral. Secondly it amounts to an attempt to influence this court’s decision and borders on contempt by court.
3. Turning to the application before me, the sole reason for the transfer sought by the applicant is ostensibly interest of the minors who are now resident in Mombasa after a brief sojourn in Malindi. My view is that whether the children are in Mombasa or Malindi any appearance before the Lower Court if necessary would disrupt their studies. The respondent says she fears prejudice if the application is allowed. Ordinarily, I would expect that the Lower Court would be sensitive to circumstances of minor school-going children and only require their attendance when it is absolutely necessary, to ensure minimal disruption not only of their studies but also their social routine and mental stability.
4. As far as I can see at the moment, the most urgent and pertinent issue relating to the welfare of the minors is the speedy determination of their custody and provision of their needs. The sooner the suit in the Lower Court is heard and determined the better. I will therefore direct that the hearing before the Lower Court scheduled for 25th June, 2014 be expedited.
5. The application for transfer of the Lower Court suit, Children Case No. 7 of 2013 to Mombasa is therefore denied. Costs to be borne by the applicant.
Delivered and signed at Malindi this 9thday of June, 2014 in the presence of: the applicant (in person), Mr. Mwadilo holding brief for Mr. Gicharu for the respondent. Court clerk Samwel
C. W. Meoli
JUDGE