EMN v EKG [2020] KEHC 6053 (KLR)
- Court
- High Court of Kenya
- Case number
- 6053
- Citation
- [2020] KEHC 6053 (KLR)
- Decided
- 7 May 2020
The appeal is dismissed with no order as to costs, and the trial court file is remitted back to the trial court for purposes of ensuring the orders made therein are obeyed.
Facts
The appellant and respondent were married in 2010 and had a son named PDN. The appellant moved out of the house and was later involved in an abusive relationship with another woman. The respondent approached the Children's Office and Federation of Women Lawyers-Kenya (FIDA) for help, but the defendant did not listen. The appellant filed a counterclaim for similar orders.
Issues
- The learned trial Magistrate erred in law and fact in the analysis and evaluation of the evidence; concluding that the appellant did not establish his case.
- The appellant failed to demonstrate the respondent was of such disgraceful or violent or offensive conduct that would justify denying her the custody of the child herein.
Reasoning
The court found that the appellant did not establish his case and that the respondent was not of disgraceful or violent conduct. The best interest of the child is to be committed to the custody of the mother.
Outcome
Appeal dismissed
Orders
- The trial court file is remitted back to the trial court for purposes of ensuring the orders made therein are obeyed.
Authorities cited
Legislation (1)
- Article 53 (1) (e) of the Constitution
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