PNK v RG (Appeal E025 of 2023) [2025] KEHC 18639 (KLR) (Family) (18 December 2025) (Judgment)

PNK v RG (Appeal E025 of 2023) [2025] KEHC 18639 (KLR) (Family) (18 December 2025) (Judgment)

The trial court erred by failing to grant the restraining order expressly conceded by the Respondent and supported by uncontroverted evidence of abduction and threats. The best interests of the child required a protective order, and the trial court's silence constituted a reversible error. The appellate court set aside the lower court's judgment and granted both sole custody and a restraining order in favour of the Appellant.

Citation
[2025] KEHC 18639 (KLR)
Parties
Appellant: PNK; Respondent: RG
Court
High Court
Jurisdiction
Kenya
Judgment Date
18 December 2025
Case Number
Appeal E025 of 2023
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; lower court judgment set aside and substituted.
Legal Topics
Custody, Restraining Orders, Best Interests of the Child, Admissions in Civil Procedure
Source Language
English
Family Law Children Law Custody Restraining Orders Best Interests of the Child Admissions in Civil Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

PNK

Appellant

RG

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in failing to enter judgment on all conceded prayers
  2. 2 The legal threshold for restraining/exclusion orders under the Children Act, 2022
  3. 3 Whether the failure to grant the restraining order violates the best interests of the child

Ratio Decidendi

The trial court erred by failing to grant the restraining order expressly conceded by the Respondent and supported by uncontroverted evidence of abduction and threats. The best interests of the child required a protective order, and the trial court's silence constituted a reversible error. The appellate court set aside the lower court's judgment and granted both sole custody and a restraining order in favour of the Appellant.

Court Disposition

Appeal allowed; lower court judgment set aside and substituted.

Orders

  • Actual and legal custody of the minor granted solely to the Appellant.
  • A prohibitory order restraining the Respondent from accessing, contacting, harassing, intimidating, stalking, or interfering with the minor or the Appellant.