C K & another v A W F [2016] KEHC 249 (KLR)
- Court
- High Court of Kenya
- Case number
- 249
- Citation
- [2016] KEHC 249 (KLR)
- Decided
- 24 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a final order granting custody and access to a minor childCoramM.W.MUIGAI
Holding
The application is dismissed
Facts
The child is a minor under 10 years old, and the mother died. The applicant is the biological father, but his automatic right to custody was vitiated due to his lack of contact with the mother. The child was in the custody of the parents, who are now the respondents.
Issues
- Whether the applicant has established a prima facie arguable case for custody and access
- Whether the application was filed expeditiously
- Whether the applicant has established sufficient cause to the satisfaction of the court that it is in the interest of justice to grant the orders sought
Reasoning
The court considered the best interests of the child and the circumstances leading to the mother's death, concluding that the child should remain with the parents who have family support.
Outcome
The application is dismissed
Orders
- The 1st Respondent is granted custody of the child and access to the child
Remedies
- Each party to bear its own costs
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Children Act, 2001
Cases cited (1)
- KENYA POWER & LIGHTING COMPANY LIMITED VS ESTHER WANJIRU WOKABI
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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