[2024] KEHC 14120 (KLR)
The court determined that before making any further rulings on the rival applications concerning the custody and residence of the minor, it is necessary to hear directly from the minor. The court found that interviewing the minor is essential to ensure that the child's wishes and welfare are adequately considered,...
Source-derived case information.
- Citation
- [2024] KEHC 14120 (KLR)
- Parties
- Applicant: June Njeri Muchuku; Respondent: Benjamin Peter Watkins
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E086 of 2024
- Procedural Posture
- Civil Appeal / Directions
- Outcome
- Rulings on the applications are held in abeyance pending the court's interview of the minor.
- Judges
- HK Chemitei
- Legal Topics
- Child Custody, Minor Interview, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
June Njeri Muchuku
Applicant
Benjamin Peter Watkins
Respondent
Procedural Posture
Civil Appeal / Directions
Legal Issues
- 1 Whether the minor should return to the United States to stay with the father or remain in Kenya with the mother.
- 2 Whether the court should interview the minor before making a determination on the rival applications.
Ratio Decidendi
The court determined that before making any further rulings on the rival applications concerning the custody and residence of the minor, it is necessary to hear directly from the minor. The court found that interviewing the minor is essential to ensure that the child's wishes and welfare are adequately considered, in line with the principle that the best interests of the child are paramount in custody matters. Accordingly, the court held all pending rulings in abeyance and directed that the minor be interviewed in open court on a specified date.
Court Disposition
Rulings on the applications are held in abeyance pending the court's interview of the minor.
Orders
- The court shall interview the minor physically on 21st November 2024 in open court at 10am.
- All rulings on the applications dated 29th September 2024, 1st October 2024, and 8th October 2024 are held in abeyance pending the interview.
Full Case Text
Judgment text and source record
21 paragraphs
Muchuku v Watkins (Civil Appeal E086 of 2024) [2024] KEHC 14120 (KLR) (Family) (14 November 2024) (Directions)
Neutral citation: [2024] KEHC 14120 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Civil Appeal E086 of 2024
HK Chemitei, J
November 14, 2024
Between
June Njeri Muchuku
Applicant
and
Benjamin Peter Watkins
Respondent
Directions
1. There are three applications herein which the parties have hotly contested. They are dated 29th September 2024, 1st October 2024 and 8th October 2024.
2. The common denominator therein is the minor. No doubt the Appellant June Njeri Muchuku, the mother, Benjamin Peter Watkins the father and one Leah Wanjiku Mburu have all stake a claim over the minor.
3. At the center of it all is whether the minor should go back to the United States of America to stay with the father or should remain in Kenya and stay with the mother.
4. I have extensively gone through the bundles of pleadings and in particular the submissions and various authorities attached. However, it is my view that the court needs to hear the part of the minor. In other words, the court needs to interview the minor before making any further steps regarding the rival applications.
5. Consequently, the court holds in abeyance the rulings herein pending the interviewing of the minor physically on 21st November 2024 in open court at 10am without fail.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 14THDAY OF NOVEMBER 2024. H K CHEMITEIJUDGE