Rahma Mohamed Isack v Abdinasir Mohamed Jillo [2018] KEKC 5 (KLR)
- Court
- KEKC
- Case number
- 5
- Citation
- [2018] KEKC 5 (KLR)
- Decided
- 12 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCustody and Maintenance DisputePostureAppeal from an original trial judgmentCoramA. D WAKO, SENIOR RESIDENT KADHI
Holding
The court grants custody to the Plaintiff and orders the Defendant to contribute monthly towards the upkeep of the child and maintenance of the expectant mother.
Facts
The Plaintiff and Defendant were married in 2015 and had a child. They divorced in 2018, and the Plaintiff sought custody of their child and maintenance. The Defendant claimed he should retain custody and pay maintenance.
Issues
- who has more right to custody of a child.
- the duty of upkeep of the issue of the marriage and the maintenance of the expectant mother.
Reasoning
The court rules in favor of the Plaintiff based on Islamic law, citing the mother's more compassionate nature and the father's duty to provide for his children.
Outcome
The Plaintiff wins custody and maintenance.
Orders
- Grant custody to the Plaintiff.
- Order the Defendant to contribute ksh 8000/= monthly towards the upkeep of the child and maintenance of the expectant mother.
Authorities cited
Cases cited (4)
- Al-Bayhaqees' ' Al- Kubra 8/4
- Hadith
- Saheeh-Al Bukhaari Book of supporting family, hadeeth no.5049
- Abu Hurayrah (may Allah be pleased with him) narrated
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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