ZULEIKHA MOHAMED NAAMAN V. GHARIB SULEIMAN GHARIB

JUDGMENT OF BOSIRE. Aq. J.A.

This appeal relates to custody of two children. The parents who are the parties in the appeal are Muslims. Their marriage was dissolved in accordance with Muslim law. Thereafter, an order was made by the Chief Kadhi, Nassor Nahdy, awarding the custody of the two children of that marriage to the mother, Zuleikha Mohamed Naaman, with "reasonable access to the father". In his ruling he noted, inter alia, that he had awarded custody of the children to their mother because of their tender age.

The respondent in this appeal, Gharib Suleiman Gharib, the father of the children (under, the respondent) was aggrieved. He appealed to the High Court against that decision, the appeal was heard by Mbogholi Msagha, J. with the assistance of two kadhis, asassessors, in accordance with the provisions of section 65(1)(c) of the Civil Procedure Act, Cap.21 Laws of Kenya, and thereafter he Pronounced judgment, in effect, affirming the decision of the Chief Kadhi, and the reasons…