The High Court allowed an appeal against orders granting sole custody and a warrant of arrest, holding that a consent custody order remained binding and contempt was not proved.
The High Court at Siaya refused to transfer a children’s case from Nyando to Siaya, finding both courts competent and that the matter should proceed as scheduled.
The High Court granted a kinship adoption of a 15-year-old girl by her paternal uncle and aunt, finding the statutory requirements and consents satisfied.
The High Court granted a kinship adoption, allowing the applicants to jointly adopt a child and change her name, after finding the adoption was in her best interests.
The High Court found that the respondent, as the biological father, had the primary legal right to custody of the minor following the mother's death, as provided by the Children Act and international instruments. The evidence did not demonstrate that the respondent was an unsuitable parent or that exceptional circumstances existed to justify denying him custody. The trial court correctly applied the law and considered the best interests of the child, including the right to parental care and the absence of compelling evidence of neglect or harm by the father. The appeal was therefore dismissed…
The High Court declined an adoption order because one applicant was over the statutory age limit, but left the file open for special-circumstances evidence.