DB v OLN (Civil Appeal E115 of 2025) [2026] KEHC 3327 (KLR) (Family) (13 March 2026) (Ruling)
- Court
- High Court of Kenya
- Case number
- 3327
- Citation
- [2026] KEHC 3327 (KLR)
- Decided
- 13 March 2026
The Court has jurisdiction over the matter and the best interests of the child are paramount. The respondent is ordered to facilitate the child's access to her twice a week, with specific conditions.
Facts
The applicant (DB) sought access to his minor child (OLN) who was living in Canada. The respondent (OLN) proposed a visitation schedule, but the applicant reported non-compliance and filed an application for enforcement.
Issues
- Whether the Court has jurisdiction
- Whether it is in the best interests of the Child to order her return from Canada
- Who should pay the costs of this application
Reasoning
The Court dismissed the preliminary objection on jurisdiction and held that the best interests of the child are paramount. The respondent's conduct was deemed disrespectful, and the Court ordered specific remedies to enforce the access.
Outcome
The appeal is dismissed, and the respondent is ordered to facilitate the child's access.
Orders
- The respondent will facilitate the access of the minor to the respondent two times a week on Mondays and Fridays at 7 pm EAT (start time of Call), and 8 pm EAT (end of call). Eective 13th March 2026.
- Counsels for the parties (or their representatives) will join the call for the 1st 5 minutes after the call begins and the last 5 minutes before the Call ends.
- The appellant shall circulate the link that will facilitate the call.
- The appellant will prepare the record of appeal within 60 days.
- Mention before the Deputy Registrar on 30th April 2026 to conrm that the Record of Appeal is led and to take directions on its hearing.
Remedies
- The respondent will facilitate the access of the minor to the respondent two times a week on Mondays and Fridays at 7 pm EAT (start time of Call), and 8 pm EAT (end of call). Eective 13th March 2026.
Authorities cited
Legislation (3)
- Children Act (Cap 141, Laws of Kenya)
- International Convention on the Rights of the Child
- African Charter on the Rights of the Child
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