J.O v S.A.O [2016] KECA 55 (KLR)
- Court
- Court of Appeal
- Case number
- 55
- Citation
- [2016] KECA 55 (KLR)
- Decided
- 29 July 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCustody DisputePostureSecond AppealCoramD. K. MARAGA, D. K. MUSINGA, S. GATEMBU KAIRU
Holding
We dismiss the appeal and order that each party bears their own costs.
Facts
The appellant and respondent divorced on June 16, 2015. The children, aged 9 and 6, were living with the respondent since 2012. The appellant took the children on March 6, 2015, but did not return them. The appellant sought custody of the children, alleging a
Issues
- Who is entitled to custody of the children
Reasoning
The court found that the appellant did not demonstrate exceptional circumstances warranting a change in custody. The judge's decision was based on the best interests of the children, which included the ascertainable wishes of the child, but also required an objective assessment. The court did not find that the judge's decision was clearly wrong.
Outcome
Appeal dismissed
Orders
- Each party bears their own costs of the appeal
Authorities cited
Legislation (2)
- Children Act, 2001
- Constitution of Kenya, 2010
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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