J.R.B.S v P.M.K.A & another; P.M.K.A & 3 others (Interested Parties) (Miscellaneous Cause 15 of 2022) [2022] KEHC 13135 (KLR) (Family) (22 September 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 13135
- Citation
- [2022] KEHC 13135 (KLR)
- Decided
- 22 September 2022
Summary at a glance
TypeChild Custody DisputePostureAppeal from a decision of the Children's CourtCoramAO MUCHELULE
The court dismisses the petition and application for lack of jurisdiction, directing the Children's Court to expeditiously deal with the dispute over the child.
Facts
The petitioner, J.R.B.S., and the respondent, P.M.K.A., had a child named N.K.A. The respondent sought legal and actual custody of the child, claiming the petitioner was unsuitable due to her diagnosed bipolar disorder.
Issues
- Petitioner's suitability for actual custody
- Jurisdiction of the Children's Court
Reasoning
The court finds the petition lacks jurisdiction due to the Children's Court's proper jurisdiction over custody matters. The court cannot interfere with the Children's Court's mandate.
Outcome
Dismissal with costs
Orders
- Expunging exhibits
- Setting aside ex parte orders
Remedies
- Unlimited access to the minor pending the hearing and determination of the petition
Authorities cited
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