[2010] KEHC 1057 (KLR)

[2010] KEHC 1057 (KLR)

The court found that the children, being of young and tender age, should remain in the custody of their mother (the respondent) pending the determination of the divorce cause, as the petitioner had not advanced any sufficient grounds to warrant removal of custody from the respondent. The court further determined that the petitioner had not been contributing a fair share to the financial upkeep of the children and that the respondent had borne a disproportionate burden since separation. Considering the needs of the children and the financial circumstances of the parties, the court ordered the petitioner to pay Kshs.75,000/- per month for maintenance and education of the children, effective...

Citation
[2010] KEHC 1057 (KLR)
Parties
Petitioner: O.C.A; Respondent: E. O
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
18 November 2010
Case Number
Divorce Cause 85 of 2009
Procedural Posture
Divorce Cause / Interlocutory Application for Custody and Maintenance Pending Divorce
Outcome
Application allowed.
Judges
LK Kimaru
Legal Topics
Child Custody, Child Maintenance, Alimony Pending Suit, Access and Visitation, Financial Responsibility of Parents
Source Language
English
Family and Children Child Custody Child Maintenance Alimony Pending Suit Access and Visitation Financial Responsibility of Parents

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Parties

O.C.A

Petitioner

E. O

Respondent

Procedural Posture

Divorce Cause / Interlocutory Application for Custody and Maintenance Pending Divorce

Legal Issues

  1. 1 Who is entitled to the custody of the children of the marriage pending the determination of the divorce cause.
  2. 2 Whether the respondent is entitled to maintenance and financial support for the children and herself beyond the amount currently paid by the petitioner.

Ratio Decidendi

The court found that the children, being of young and tender age, should remain in the custody of their mother (the respondent) pending the determination of the divorce cause, as the petitioner had not advanced any sufficient grounds to warrant removal of custody from the respondent. The court further determined that the petitioner had not been contributing a fair share to the financial upkeep of the children and that the respondent had borne a disproportionate burden since separation. Considering the needs of the children and the financial circumstances of the parties, the court ordered the petitioner to pay Kshs.75,000/- per month for maintenance and education of the children, effective...

Court Disposition

Application allowed.

Orders

  • The respondent is granted custody of the children pending the hearing and determination of the divorce cause.
  • The petitioner is granted access to the children during weekends pursuant to a timetable to be agreed between the parties.