HGG v GGG (Divorce Cause 46 of 2018) [2018] KEKC 38 (KLR) (12 November 2018) (Ruling)
- Court
- KEKC
- Case number
- 38
- Citation
- [2018] KEKC 38 (KLR)
- Decided
- 12 November 2018
The court orders the defendant to return the children to the plaintiff and restrains the defendant from evicting the plaintiff from the matrimonial home.
Facts
The parties were married under Islamic law in 2004 and divorced in 2017. The defendant, a police officer, left the plaintiff and took the children to Nairobi. The plaintiff claims the defendant is violent and abusive, and threatens to evict her from the matrimonial home.
Issues
- custody and maintenance of the children
- whether or not the respondent should be restrained from evicting the applicant from the matrimonial home
Reasoning
The court considers the best interests of the children and upholds the mother's priority in custody, given the children's young age and the defendant's lack of employment and financial stability.
Outcome
The defendant is ordered to return the children to the plaintiff and is restrained from evicting her from the matrimonial home.
Orders
- The defendant is ordered to return the children to the plaintiff
Remedies
- Restraint from evicting the plaintiff from the matrimonial home
Authorities cited
Legislation (2)
- Article 53(2) of the Constitution of Kenya (2010)
- Section 83(1) of the Children's Act, Cap 141 laws of Kenya
Cases cited (3)
- Mehrunisa v Pravez (1982-88) 1 KAR 18
- Githunguri v Githunguri [1979] eKLR
- Re S (an infant) [1958] 1 All ER 783
Loading judgment…