[2025] KEHC 10011 (KLR)

[2025] KEHC 10011 (KLR)

The court found that the applicant failed to present sufficient new and important evidence to justify review of the interim access orders. The allegations of inappropriate conduct by the respondent were not substantiated by the independent report of the Directorate of Children Services, which found inconsistencies in the minor's accounts and did not confirm the delivery of inappropriate gifts or exposure to pornographic material by the respondent. The court emphasized the paramountcy of the best interests of the child and considered the wishes of the elder minor, who did not wish to interact with the respondent, while maintaining supervised access for the younger minor. The court...

Citation
[2025] KEHC 10011 (KLR)
Parties
Applicant: JLO; Respondent: HKM
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
10 July 2025
Case Number
Civil Appeal E090 of 2024
Procedural Posture
Civil Appeal / Ruling on Application for Review of Interim Access Orders Pending Appeal
Outcome
Application for review dismissed; interim access orders affirmed.
Judges
PM Nyaundi
Legal Topics
Child Custody, Access Orders, Best Interests of Child, Review of Court Orders
Source Language
English
Family and Children Civil Procedure Child Custody Access Orders Best Interests of Child Review of Court Orders

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 6 Party arguments 2
Sign in to unlock

Parties

JLO

Applicant

HKM

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Review of Interim Access Orders Pending Appeal

Legal Issues

  1. 1 Whether the interim access orders granted to the respondent should be reviewed or set aside in light of new allegations of inappropriate conduct.
  2. 2 Whether sufficient new and important evidence has been presented to justify review under Order 45 Rule 1 of the Civil Procedure Rules.
  3. 3 What arrangements best serve the welfare and best interests of the minors pending appeal.

Ratio Decidendi

The court found that the applicant failed to present sufficient new and important evidence to justify review of the interim access orders. The allegations of inappropriate conduct by the respondent were not substantiated by the independent report of the Directorate of Children Services, which found inconsistencies in the minor's accounts and did not confirm the delivery of inappropriate gifts or exposure to pornographic material by the respondent. The court emphasized the paramountcy of the best interests of the child and considered the wishes of the elder minor, who did not wish to interact with the respondent, while maintaining supervised access for the younger minor. The court...

Court Disposition

Application for review dismissed; interim access orders affirmed.

Orders

  • The appellant will facilitate weekend access by the respondent to the minor, D.K., aged 8 years, in a public place between 9:00 am and 5:00 pm every weekend pending the hearing and determination of the appeal effective from 18/7/2025.
  • The child will be picked and dropped at Acacia Mall, Green Park Estate, Athi River.