[2015] KEHC 6504 (KLR)

[2015] KEHC 6504 (KLR)

The High Court found that the trial magistrate properly considered the incomes and responsibilities of both parents and was guided by the constitutional and statutory principles regarding the best interests of the child. The appellant failed to provide sufficient evidence to challenge the maintenance amount or to show that the respondent had additional income or that he had other dependents. The court also found that the issue of visitation was not contested at trial and that there was no evidence of difficulties in access. Accordingly, there was no legitimate reason to interfere with the trial court's orders on maintenance or visitation. The appeal was dismissed as lacking merit.

Citation
[2015] KEHC 6504 (KLR)
Parties
Appellant: N K; Respondent: A W K
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
27 February 2015
Case Number
Civil Appeal 72 of 2012
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Judges
LA Achode
Legal Topics
Child Maintenance, Custody and Access, Parental Responsibility
Source Language
English
Family and Children Child Maintenance Custody and Access Parental Responsibility

Case Brief

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Parties

N K

Appellant

A W K

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in ordering the appellant to pay Kshs.25,000 per month for child maintenance without proper basis.
  2. 2 Whether the trial court erred by not making structured visitation orders for the appellant.

Ratio Decidendi

The High Court found that the trial magistrate properly considered the incomes and responsibilities of both parents and was guided by the constitutional and statutory principles regarding the best interests of the child. The appellant failed to provide sufficient evidence to challenge the maintenance amount or to show that the respondent had additional income or that he had other dependents. The court also found that the issue of visitation was not contested at trial and that there was no evidence of difficulties in access. Accordingly, there was no legitimate reason to interfere with the trial court's orders on maintenance or visitation. The appeal was dismissed as lacking merit.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs to the respondent.
  • The orders of the trial court on maintenance and visitation remain undisturbed.