FRANK OMWANGE OMARE & another v KENNEDY JAMES OMARE OKORE [2009] KEHC 782 (KLR)
- Court
- High Court of Kenya
- Case number
- 782
- Citation
- [2009] KEHC 782 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a Children's CaseCoramA.O.Muchelule
Holding
It is determined that a sum of Kshs. 5000/= per month should be paid by the respondent every month towards the maintenance of the applicants.
Facts
The applicants are children of tender years, children of the next friend and the respondent who are married but estranged since November, 2007. The applicants filed a Children's Case for an injunction and custody was granted to the respondent. The applicants now seek interim maintenance of Kshs. 8000/= per month.
Issues
- Whether the respondent should be ordered to pay interim maintenance to the applicants
- The amount of interim maintenance to be ordered
Reasoning
The court considered the best interests of the applicants and the respondent's inability to provide a steady income. The court ordered a lower amount of Kshs. 5000/= per month.
Outcome
Appeal dismissed, order for interim maintenance of Kshs. 5000/= per month upheld.
Orders
- An interim maintenance of Kshs. 5000/= per month is ordered to be paid by the respondent every month towards the maintenance of the applicants.
Remedies
- The respondent shall pay costs of the application.
Authorities cited
Legislation (2)
- Children Act, 2001
- Civil Procedure Act
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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