B.K V E.J.H [2012] KEHC 1871 (KLR)
- Court
- High Court of Kenya
- Case number
- 1871
- Citation
- [2012] KEHC 1871 (KLR)
- Decided
- 23 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCIVIL APPEALPostureAppeal from a Children's Court orderCoramL. NJAGI
Holding
The child JJH will remain in the custody of the Respondent until the appeal is heard and determined.
Facts
The child JJH was born to the deceased, who was murdered on June 13, 2011. The child was initially in the custody of the Appellant, but was later transferred to the custody of the Respondent. The Respondent claims he is the biological father and that the child should remain with him.
Issues
- Best interest of the child
- Custody of the child JJH
Reasoning
The court determined that the child's best interest is with the Respondent, who is the biological father and has been caring for the child since the death of the child's mother.
Outcome
Appeal dismissed
Orders
- The orders issued on 26th March, 2012 be set aside
- The child JJH do remain in the custody of the father EJH until the Appeal herein is heard and determined
- That costs be provided
Authorities cited
Legislation (2)
- Children Act
- 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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