The judge ordered XY to issue BH with the child’s birth certificates [Photo: Shutterstock]
The High Court refused to give custody of her son to a Kenyan woman after the Children’s Court placed him under the care of his father, a senior ex-detective with Scotland Yard. Identified as XY, the woman is involved in a lawsuit with her 67-year-old ex-lover BH over custody of her son.
XY said the Tononoka Children Court judge had stripped her of custody of his son for 40 days, but he is still silent. She said she feared the child could be harmed in his father’s care because BH asked her to terminate the pregnancy and her son had previously injured him.
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In her appeal, XY wants Justice J to instruct Ongi’injo to have custody of the child who is now with BH. Through attorney Geoffrey Were, she also wants her arrest and detention to be stopped for 21 days for contempt of court. On her appeal, XY challenged Resident Magistrate LK Sindani of Tononoka Children’s Court’s decision to allow BH to take her son away for 40 days.
“The judge was legally and factually wrong when she ordered XY to separate from custody of her minor, but as the birth mother she was best placed to take custody of her minor,” said Were. Sindani had transferred custody of the child to BH for 40 days on December 16, 2020, until the custody case was mentioned in front of him on January 25, 2021.
Sindani also ordered that XY be detained in a civil prison for 21 days for disobeying the court after failing to heed instructions instructing BH to allow BH to see his son. The judge also ordered her to stop insulting BH and not to sell a Sh11 million family home.
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The judge had also instructed XY to provide BH with the child’s birth certificates in order to register the child as a UK citizen and secure an Irish EU passport. Ong’iinjo Justice stopped XY’s arrest on Wednesday. “Pending the hearing and the final decision on the appeal, any litigation and / or enforcement proceedings currently pending at the Tononoka Children’s Court will be on hold,” she ordered.
However, the judge did not instruct BH to return the child to XY. On her appeal, XY argued that BH, a British citizen, would likely go missing with her son because he is not a resident of Kenya. She said BH was likely to leave the country with her child after booking a January 7, 2021 flight despite his passport in court.
In an early application, she accused BH of using her son as bait to get parental payments from the UK government. She also filed a case to prevent BH from registering her son as a British citizen and questioned his motives. She claims that BH, who now works as a security and terrorism advisor in Afghanistan, wasted his fortune and now wants to use her son for financial gain.
“Our son’s registration is only intended to benefit BH, who is now retired and is therefore well paid by the UK government through our son,” said XY. However, BH denied the claims, saying XY held the child to continue to claim child support from him.
He claimed he bought the house for Sh 11 million. “XY sees the child as her lifelong ATM and she fears it may be stolen,” said BH. The two met in Diani, Kwale County in 2016 when the Briton first visited Kenya as a tourist.
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In documents filed in the Mombasa Supreme Court, the two have accused each other of promiscuity and are not worth raising their son. “She runs at least 12 phones to facilitate her relationships with men,” said BH. XY denied the allegation, saying that BH was adulterous and even slept with her relative.