[1990] KEHC 92 (KLR)

[1990] KEHC 92 (KLR)

The court found, based on the evidence of three independent Children's Officers and corroborating witnesses, that the two children were living with the applicant's mother in crowded and unsuitable conditions, and not with the applicant as claimed. The court determined that the applicant's home was overcrowded, with multiple children from previous marriages and extended family, and that the applicant lacked independent means of support. The respondent, by contrast, was found to have sufficient property, income, and a suitable home to provide for the children. The court concluded that the applicant's motivation for seeking custody was primarily financial, related to maintenance payments,...

Citation
[1990] KEHC 92 (KLR)
Parties
Applicant: N; Respondent: K
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
26 October 1990
Case Number
Miscellaneous Civil Case 58 of 1985
Procedural Posture
Miscellaneous Application / Ruling on Application for Custody of Children
Outcome
Application for custody dismissed; custody of the two children awarded to the respondent (father); access granted to the applicant (mother); no order as to costs.
Legal Topics
Child Custody, Child Welfare, Maintenance Orders
Source Language
English
Family and Children Child Custody Child Welfare Maintenance Orders

Case Brief

Summary, issues, holding and outcome

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Parties

N

Applicant

K

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Custody of Children

Legal Issues

  1. 1 Whether the applicant or respondent should be granted custody of the two minor children of the marriage.
  2. 2 Whether the welfare of the children is best served by remaining with the applicant, her current husband, and extended family, or with the respondent.
  3. 3 Whether the applicant's motivation for seeking custody is primarily for maintenance payments rather than the welfare of the children.

Ratio Decidendi

The court found, based on the evidence of three independent Children's Officers and corroborating witnesses, that the two children were living with the applicant's mother in crowded and unsuitable conditions, and not with the applicant as claimed. The court determined that the applicant's home was overcrowded, with multiple children from previous marriages and extended family, and that the applicant lacked independent means of support. The respondent, by contrast, was found to have sufficient property, income, and a suitable home to provide for the children. The court concluded that the applicant's motivation for seeking custody was primarily financial, related to maintenance payments,...

Court Disposition

Application for custody dismissed; custody of the two children awarded to the respondent (father); access granted to the applicant (mother); no order as to costs.

Orders

  • Application for custody by the applicant is dismissed.
  • Custody of the two children is awarded to the respondent (father).