V M M & 2 others v J M M [2014] KEHC 5602 (KLR)
- Court
- High Court of Kenya
- Case number
- 5602
- Citation
- [2014] KEHC 5602 (KLR)
The Respondent is found to have abdicated his parental responsibility and is ordered to pay Kshs.3,000 per month for food and clothing, half the children's school fees, meet the medical expenses, and pay costs of the house help. The custody of the children is given to the 3rd appellant with the condition that the Respondent has un-inhindered access to the children.
Facts
The 1st and 2nd appellants, children of tender age, were living with their father, the Respondent, until September 2006 when the 3rd appellant, a nurse, moved out with the children due to domestic differences. The Respondent moved into the 3rd appellant's residence but later moved out again. The 3rd appellant sued the Respondent for not performing his parental responsibilities.
Issues
- Joint custody of the children
- Parental responsibility of the Respondent
Reasoning
The court found that the Respondent did not pay maintenance as ordered and was unwilling to pay unless ordered by court, indicating he had abdicated his parental responsibilities.
Outcome
Appeal successful
Orders
- The J M M, the Respondent is found to have abdicated his parental responsibility
- The custody of the children is given to the 3rd appellant with the condition that the respondent shall have un-inhindered access to the children
- The 3rd Appellant and the Respondent to each meet his or her own costs
Remedies
- Set aside the judgment and decree of the trial court
- Order the Respondent to pay Kshs.3,000 per month for food and clothing
- Order the Respondent to pay half the children's school fees and other educational necessities
- Order the Respondent to pay costs of the house help
- Order the Respondent to meet the medical expenses of the children
Loading judgment…