[2018] KEHC 6146 (KLR)
The court determined that, given the interlocutory nature of the appeal and the paramountcy of the child's best interests, the matter should proceed to a full hearing without delay. The court also found it necessary to grant the respondent access to the child during the August 2018 holiday to ensure the child's...
Source-derived case information.
- Citation
- [2018] KEHC 6146 (KLR)
- Parties
- Appellant: N N O; Respondent: A O O
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 79 of 2016
- Procedural Posture
- Civil Appeal / Interlocutory Ruling on Custody
- Outcome
- Matter referred back for hearing; respondent granted access to child during August 2018 holiday.
- Judges
- DAS Majanja
- Legal Topics
- Child Custody, Interlocutory Orders, Access Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
N N O
Appellant
A O O
Respondent
Procedural Posture
Civil Appeal / Interlocutory Ruling on Custody
Legal Issues
- 1 Whether the interlocutory order on custody should be upheld pending the full hearing of the child case.
- 2 Whether the respondent should be granted access to the child during the pendency of the proceedings.
Ratio Decidendi
The court determined that, given the interlocutory nature of the appeal and the paramountcy of the child's best interests, the matter should proceed to a full hearing without delay. The court also found it necessary to grant the respondent access to the child during the August 2018 holiday to ensure the child's welfare and maintain parental contact. The trial magistrate was directed to ensure compliance with these orders, and both parties were granted liberty to apply for further directions if necessary.
Court Disposition
Matter referred back for hearing; respondent granted access to child during August 2018 holiday.
Orders
- The matter to be mentioned before the Senior Principal Magistrate Kisii on 19th June 2018 for directions and fixing a hearing date.
- The case to be heard and finalized within three months.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CIVIL APPEAL NO. 79 OF 2016
BETWEEN
N N O....................APPELLANT/ APPLICANT
AND
A O O..........................................RESPONDENT
(Being appeal from the Ruling and Order in Kisii CMC Child Case No. 46 of 2016) (Hon. Makila RM.)
RULING
Having considered this matter and noting that the appeal is an appeal from an interlocutory Ruling on custody, I think it is in the best interests of the child for the case to be heard to full.
Accordingly, I order that the matter be mentioned before the Senior Principal Magistrate Kisii, on 19th June 2018 for directions and fixing a hearing date and I also direct that the case be heard and finalized within three (3) months.
It is apparent from the record that the respondent has not had access to the child; she will have access to the child for the entire August 2018 holiday. The trial magistrate shall ensure that this order is complied with and either party shall be at liberty to apply.
[Delivered and signed this 13th day of June 2018].
D.S MAJANJA
JUDGE
In the presence of
Mr. Omwega for the Respondent
Mr. B. Gichana for the Appellant
Limo CA