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E A O v. S O N

(2014) JELR 105256 (CA)

Court of Appeal  •  Civil Application 170 of 2013 (UR 118/2013)  •  21 Feb 2014  •  Kenya

Wanjiru Karanja, George Benedict Maina Kariuki, Agnes Kalekye Murgor



We have before us a notice of motion dated 16th July, 2013 filed under Rule 5(2)b of this Court’s Rules. The same emanates from Hon. Kimaru J’s Ruling dated 2nd May 2013 in which he restored actual custody of the child (VAAO) to the respondent (S O N) after the Children’s Court in Nairobi Children’s Court Case No. 18 of 2009 gave the said custody to the applicant (E A O). The same court gave both parties herein joint legal custody with the respondent being granted “unlimited but reasonable access” to the child. The respondent was allowed access on alternate weekends and half of the school holidays.

In arriving at these orders, the learned magistrate appreciated the paramount principle in children matters which calls for consideration of the best interest of the child when dealing with all issues concerning a child’s welfare. He also made the following finding which we find important to recapitulate.

“V is a girl aged about 9 years. This is a child of tender years as d…

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