In re DM (Minor) (Miscellaneous Application E003 of 2023) [2023] KEMC 288 (KLR) (26 May 2023) (Ruling)
- Court
- Magistrate's Courts
- Case number
- 288
- Citation
- [2023] KEMC 288 (KLR)
- Decided
- 26 May 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeChild CustodyPostureAppeal from original trialCoramKIONGO KAGENYO
Holding
The court grants the applicant permission to remove DM from Kenya and travel with him to Germany or any other lawful destination.
Facts
The minor DM was born on 27th November 2020. The applicant, TJOE, claims to be the stepmother of DM, while the 1st and 2nd Respondents claim to be the biological parents. The 2nd Respondent is now living with a new partner and has a child of her own.
Issues
- Child custody and guardianship
- Domicile determination
Reasoning
The court found that the applicant has been the primary caregiver for DM since birth and that the 2nd Respondent is not the biological father. The court also noted the applicant's domicile in Kenya.
Outcome
Granted
Orders
- Permission to remove DM from Kenya and travel with him to Germany or any other lawful destination
- Inform the court of the itinerary and return details
Remedies
- Permission to travel with the minor to Germany
Authorities cited
Legislation (2)
- Children Act 2022
- Civil Procedure 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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