S.O V. L.A.M

JUDGMENT OF THE COURT

This is a second appeal on the question of custody of a child who was born on 12^th December, 1998. His name is L.O. The dispute over his custody is between S.O.O, the appellant, and L.A.O., the respondent who are the natural parents of the child.

The litigation between the parties started before the Resident Magistrate’s Court, at Nairobi on 31^st October, 2003, by the filing of a plaint seeking custody and maintenance. The respondent as plaintiff averred in that plaint that she was married by the appellant in a civil marriage which was solemnized under the Marriage Act on 3^rd December, 1997. The marriage was consummated; the subject child was subsequently born, but that the appellant was not providing maintenance and support for both herself and the child; was cruel to the respondent and on many occasions was assaulting her in the presence of the subject child. She prayed for maintenance. Filed with the plaint was an affidavit of means. The respondent deposed in th…