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CC v LBO (Suing as the Father and Next Friend of AC) (Miscellaneous Civil Application E184 of 2023) [2024] KEHC 46 (KLR) (15 January 2024) (Ruling)

[2024] KEHC 46 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
46
Citation
[2024] KEHC 46 (KLR)
Decided
15 January 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplicant seeks transfer of case to Eldoret Children's CourtCoramMs Ledishah, RE ABURILI
Holding

The court transfers the case to Eldoret Children's Court

Facts

The child resides in Eldoret with her paternal aunt, and the respondent only appeared at the child's mother's burial. The respondent filed a similar case in Eldoret but abandoned it.

Issues

  1. Best interests of the child
  2. Transfer of case

Reasoning

The court considers the paramountcy of the child's best interests and the balance of convenience, expenses, and interests of justice. The child resides in Eldoret and the best interests of the child are paramount.

Outcome

Transfer of case to Eldoret Children's Court

Orders

  • Transfer of case to Eldoret Children's Court

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Children's Act
Cases cited (2)
  • Kageny v. Musiramo & Another
  • Children's Act No. 29 of 2022
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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