[2017] KEHC 2696 (KLR)

[2017] KEHC 2696 (KLR)

The court found that the best interests of the children required that custody remain with the respondent, their mother, as the children are below seven years old and need maternal care. The appellant's living situation with his sick mother was deemed unsuitable for the children's custody. The court also recognized the appellant's financial limitations and reduced the monthly maintenance from Ksh.8000 to Ksh.6000, noting his willingness to support the children despite lack of formal employment. The court further ordered that the children be placed in a public school, with the respondent to bear the cost if she chooses private schooling. Both parties were encouraged to cooperate regarding...

Citation
[2017] KEHC 2696 (KLR)
Parties
Appellant: W S I; Respondent: M A D
Court
High Court
Court Station
High Court at Marsabit
Jurisdiction
Kenya
Judgment Date
9 October 2017
Case Number
Civil Appeal 2 of 2017
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal partly succeeds
Judges
SJ Chitembwe
Legal Topics
Child Custody, Child Maintenance, Parental Responsibility
Source Language
English
Family and Children Child Custody Child Maintenance Parental Responsibility

Case Brief

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Parties

W S I

Appellant

M A D

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in awarding custody of the children to the respondent.
  2. 2 Whether the monthly maintenance amount of Ksh.8000 ordered by the trial court was appropriate given the appellant's financial circumstances.
  3. 3 Whether the best interests of the children were considered in determining custody and maintenance.

Ratio Decidendi

The court found that the best interests of the children required that custody remain with the respondent, their mother, as the children are below seven years old and need maternal care. The appellant's living situation with his sick mother was deemed unsuitable for the children's custody. The court also recognized the appellant's financial limitations and reduced the monthly maintenance from Ksh.8000 to Ksh.6000, noting his willingness to support the children despite lack of formal employment. The court further ordered that the children be placed in a public school, with the respondent to bear the cost if she chooses private schooling. Both parties were encouraged to cooperate regarding...

Court Disposition

appeal partly succeeds

Orders

  • Custody of the children to remain with the respondent.
  • Appellant to pay Ksh.6000 monthly directly to the respondent for maintenance.