R N N v D K K [2017] KEHC 8247 (KLR)

Facts

The appellant sought review of earlier court orders, arguing that the respondent had denied him access to the child. The respondent had granted access to the child but the appellant argued that this was insufficient.

Issues

1. Whether the trial court erred in granting the appellant access to the child but failed to structure when that right was to commence and how and where the child was to be collected and or dropped.
2. Whether the trial court failed to find that the respondent had refused to foster and encourage the father/son relationship between the appellant and the child.
3. Whether the trial court made an error in failing to grant the appellant custody of the child.
4. Whether the trial court failed to take into account past court orders and the report of the Children’s Officer.
5. Whether the court failed to appreciate that the parties have equal right and duty to care for the child under Article 53 of the Constitution of Kenya.
6. Whether the court failed to accord both parties equal treatment contrary to Articles 27 and 45 of the Constitution.

Reasoning

The court held that the trial court applied the correct principles in handling the issue of the child's best interests and did not err in granting the respondent custody. The court also noted that the appellant's arguments regarding access and custody were not supported by statutory provisions or case law.

Outcome

Appeal dismissed

Authorities cited