LNW v COO (Miscellaneous Application E268 of 2024) [2025] KEHC 624 (KLR) (Family) (31 January 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 624
- Citation
- [2025] KEHC 624 (KLR)
- Decided
- 31 January 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks transfer of case to another courtCoramNAMISI
Holding
The Court transfers the case to the Children’s Court at Tononoka Law Courts, Mombasa
Facts
The child resides in Mombasa and attends school there. The child is in the custody of the Applicant. The Respondent claims the child was abandoned in Mombasa.
Issues
- Geographical jurisdiction of the matter
- Best interests of the child
Reasoning
The Court exercises its discretion under Section 18 of the Civil Procedure Act, considering the balance of convenience, expense, and the best interests of the child. The Court finds that transferring the case to Mombasa is in the child's best interests.
Outcome
The Court grants the application for transfer
Orders
- Transfer of Children Case No. E1816 OF 2024 from Chief Magistrate’s Children’s Court at Milimani Law Courts to the Children’s Court at Tononoka Law Courts, Mombasa
Authorities cited
Legislation (2)
- Civil Procedure Act, Cap 21
- Children Act
Cases cited (3)
- Kageny v. Musiramo & Another [1968] E. A. 43
- The Constitution of Kenya
- Children 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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