[2020] KEHC 7471 (KLR)

Parties

Procedural Posture

Miscellaneous Application / Ruling on Notice of Motion Seeking Order to Compel Respondent to Execute Visa Application Forms for Minor

Legal Issues

1. 1 Whether the respondent should be compelled to execute visa application forms to enable the minor to travel for an educational tour abroad.
2. 2 Whether the respondent's refusal to give consent is justified in light of the best interest of the child.
3. 3 Whether the High Court has jurisdiction to grant the orders sought under Section 22 of the Children Act.

Ratio Decidendi

The court found that the applicant, having been granted full custody and parental responsibility for the minor by a previous court order, did not act illegally in relocating with the child to Australia. The respondent's refusal to sign the visa application forms was not justified, as he was not being asked to contribute financially and his objections related to past grievances already settled by court order. The educational tour was deemed to be in the best interest of the minor, a principle enshrined in both the Constitution and the Children Act. The court held that it had jurisdiction to grant the orders sought under Section 22 of the Children Act, as the matter concerned the welfare...

Court Disposition

application allowed

Orders

• The respondent is ordered to execute the minor's visa application forms within 7 days from the date of the ruling to enable her to participate in the educational tour to France scheduled for 24 March 2020.
• In the event of failure by the respondent to comply, the Deputy Registrar, Eldoret High Court, is authorized to execute the said forms on his behalf in the best interest of the minor.