A K N (Appealing as mother and next friend to D M, a minor) v S M M [2017] KEHC 6579 (KLR)
- Court
- High Court of Kenya
- Case number
- 6579
- Citation
- [2017] KEHC 6579 (KLR)
- Decided
- 27 March 2017
The Appellant's application for a stay of execution is allowed, and the trial court's orders are stayed pending the appeal. The Respondent is granted visitation rights every alternate weekend, and a social inquiry is ordered to assess the Respondent's suitability to care for the child.
Facts
The Appellant and Respondent had a divorce, and the trial court ordered the Appellant to have actual custody of their 5-year-old son, with joint legal custody and access on alternate weekends and half of the school holidays. The Appellant sought an interpretation of the order and an appeal, and later filed an application for a stay of execution of the trial court's orders.
Issues
- Best interests of the child
- Safety and welfare of the minor child
Reasoning
The court held that the best interests of the child are paramount and that the safety and welfare of the minor child are paramount considerations. The court granted visitation rights and ordered a social inquiry.
Outcome
The appeal is allowed, and the trial court's orders are stayed.
Orders
- Stay of execution of the trial court's orders on access to the minor D.M.
- Grant of visitation rights to the Respondent every alternate weekend
- Social inquiry to assess the Respondent's suitability to care for the child
Remedies
- Stay of execution of the trial court's orders on access to the minor D.M.
- Grant of visitation rights to the Respondent every alternate weekend
Authorities cited
Legislation (2)
- Children Act
- Civil Procedure Rules
Cases cited (1)
- KWM v RN
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