FM v HG (Civil Appeal 15 of 2008) [2012] KEHC 5405 (KLR) (25 July 2012) (Judgment)
- Court
- High Court of Kenya
- Case number
- 5405
- Citation
- [2012] KEHC 5405 (KLR)
- Decided
- 25 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a decision of the trial court granting custody of a child of tender years to the motherCoramGithinji, JA, JAMAKAU
Holding
The court held that the mother should have custody of the child of tender years unless there are special circumstances to disqualify her.
Facts
The respondent (mother) sought custody of the child pending the trial of the main suit. The trial court granted the application.
Issues
- To whom should custody of a child of tender years be bestowed in the event of separation/divorce of parents?
- What constituted a child of tender years?
Reasoning
The court emphasized the paramount consideration of the child's welfare and the mother's prima facie right to custody of a child under 10 years old. The court granted joint custody to the appellant and respondent, with the respondent having actual custody and the appellant structured visitation rights.
Outcome
Appeal dismissed with costs to the respondent
Orders
- Grant joint custody to the appellant and respondent
- Respondent to have actual custody of the child
- Appellant to have structured visitation rights
- Appellant to surrender custody to respondent under supervision of OCS Chuka Police Station and the District Children Officer in default
Authorities cited
Legislation (1)
- Children Act
Cases cited (1)
- N v K (2008) KLR 518
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.
Loading judgment…