C K v T K M [2016] KECA 102 (KLR)
- Court
- Court of Appeal
- Case number
- 102
- Citation
- [2016] KECA 102 (KLR)
- Decided
- 30 September 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCustody DisputePostureAppeal from a High Court judgmentCoramINOTI, MAKHANDIA, OUKO
Holding
The High Court's judgment is upheld, and the appeal is dismissed.
Facts
The appellant, C K, and the respondent, T K M, cohabited in Kenya from February 2002 to September 2011. The child, TMK, was born in 2005. The respondent left Kenya to seek employment in Germany, where she is now cohabiting with another man. The appellant applied to be appointed the child's guardian, which the Children's Court granted. The respondent later sought to revoke the guardianship order and obtain actual custody of the child.
Issues
- Joint custody vs. actual custody
- Removal of child from jurisdiction
Reasoning
The court found that the High Court's orders were fair and considered the child's best interests. The court did not find any basis for interference with the High Court's orders.
Outcome
Appeal dismissed
Orders
- Joint custody of the child to the appellant and respondent
- Appellant to have actual custody during the school term and 25% of the school holidays
- Respondent to have actual custody 75% of the school holidays
- Appellant to have unlimited access to the child during her visit
Remedies
- Each party to bear its own costs
Authorities cited
Legislation (2)
- Children's Act
- Foreign Judgments (Reciprocal Enforcement) Act
Cases cited (1)
- AOG v. SAG
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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