SAW v WNB [2021] KEHC 5460 (KLR)

Facts

The appellant, SAW, is the biological mother of three minor children aged 11, 8, and 5 years. She filed an application for interim custody pending the determination of divorce proceedings initiated by her husband, a military officer. The appellant claims the children are at risk of sexual abuse and seeks custody, while the respondent argues the children are doing well with his parents and cousin.

Issues

1. Whether the court can grant interim custody to the appellant despite her husband's custody of the children for four years
2. Whether the appellant's allegations of neglect and misconduct by her are sufficient to justify a change in custody

Reasoning

The court considered the best interests of the children and the provisions of the Constitution and Children's Act, finding that the appellant's claims of neglect and misconduct were not exceptional circumstances warranting a change in custody.

Outcome

Affirmed the trial court's order granting interim custody to the respondent.

Authorities cited