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B O O v K A [2018] KEHC 6664 (KLR)

[2018] KEHC 6664 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
6664
Citation
[2018] KEHC 6664 (KLR)
Decided
19 April 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Trial CourtCoramE. N. MAINA
Holding

The child's best interest is to remain in the custody of Agape Children's Ministry. The Appellant's legal custody and access rights are upheld.

Facts

The child ROA is the step-daughter of the Appellant BOO. Her mother died during childbirth. The custody of the child was left to BOO. The child was placed in the custody of Agape Children's Ministry until she turned 18 years. The Appellant brought an appeal against the judgment.

Issues

  1. Best interest of the child
  2. Legal custody
  3. Parental rights
  4. Access and visitation rights

Reasoning

The court found that the child's best interest is to have a stable home and meet her physical, health, mental, and education needs. The Appellant's constant change in custody is not in the child's best interest.

Outcome

Appeal dismissed with costs to the Respondent

Orders

  • Review of the case within one year by the Children's Officer

Authorities cited

Legislation (1)
  • Children's Act
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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