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Kenya decisions
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JG v PM [2022] KEHC 15518 (KLR)
The High Court upheld a transfer order after finding the children’s court lacked territorial jurisdiction, but confirmed the trial court had no power to transfer the suit itself.
JMK v EMK [2022] KEHC 12413 (KLR)
High Court appeal dismissed after the trial court ordered further DNA testing to resolve conflicting paternity results in a children’s maintenance dispute.
In re YJK & NCK (Minors) [2020] KEHC 8135 (KLR)
The High Court appointed the applicant and the children’s paternal uncle as joint guardians of two minors after finding the mother could not be traced.
EWT v EMT [2019] KEHC 958 (KLR)
The court found that the applicant had an arguable appeal because Section 84 of the Children Act was not applicable at the time the child was removed, as there was no pending application for custody. The trial court erred in convicting and sentencing the applicant without due process, specifically without giving her an opportunity to defend herself or mitigate. The court emphasized that the liberty of a person should not be taken away without due process and that the best interests of the child must be the guiding principle in custody matters. The ongoing custody dispute and the welfare of th…
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RWA v Republic [2019] KEHC 972 (KLR)
The court found that although the application was procedurally defective, the urgency and the best interests of the child justified invoking its supervisory jurisdiction under Article 165(6) of the Constitution. The evidence showed that the child was being influenced by the father and grandparents to reject the mother, which was contrary to the child’s welfare. The court determined that scheduled access and temporary release to the mother for the Christmas holiday would serve the child’s best interests, with a warning to both parents against further interference. The court also indicated that…
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M N K & F N K v C N N [2017] KEHC 4742 (KLR)
The High Court struck out an application to remove a guardian in an adoption matter, holding it was wrongly filed, outside the proper procedure, and before a functus officio court.
In re A M (Baby) [2015] KEHC 1788 (KLR)
The High Court allowed an inter-country adoption cause to proceed, holding that a later moratorium should not apply retrospectively and dispensing with the Director’s report.
In re of baby K R [2015] KEHC 7583 (KLR)
The High Court held that the Director of Children’s Services could not rely on a cabinet moratorium to avoid a court-ordered report in an inter-country adoption.
Vivian Chemngetich v David Kirui [2015] KEHC 5740 (KLR)
The High Court at Nakuru vacated orders and warrants issued from a missing ruling, held the resulting proceedings irregular and a nullity, and directed a fresh hearing.
Republic v Acting Senior Resident Magistrate & M.M.K & L.M.K (Suing in the name of their Mother and Next of Kin N N M) Ex Parte Timothy Kimani Murima [2014] KEHC 5083 (KLR)
The court held that the learned magistrate acted ultra vires the Children Act, 2001 by granting an ex parte order extending parental responsibility without affording the respondent an opportunity to be heard. Since the applicant was named as respondent and directly affected by the order, the failure to invite him to participate in the proceedings amounted to a breach of the principles of natural justice. The court found that the proceedings and the order issued were void for failure to observe these principles. Consequently, the court allowed the motion for judicial review, issued an order of…
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