A senior former Scotland Yard official lost custody of his three-year-old son yesterday after the High Court ordered the minor to stay with his mother.
However, the court also ordered the father to have full access to the child, who was the focus of the legal battle between the Briton and his estranged Kenyan girlfriend.
Yesterday, Judge John Onyiego overturned a children’s court ruling and ordered that the boy be returned to his mother until her appeal is heard and decided.
The judge also ordered a report from the Mvita Sub-County Child Officer indicating the mother’s suitability for custody of the child.
“The applicant, DW, should hand over the child to respondent XY. The respondent must deposit their passport and that of the child before Monday. The Mvita Sub-County Children’s Commissioner is required to file a report indicating the mother’s suitability for living with the child and the child’s status, “Justice Onyiego said.
Mother XY appealed the decision of the Children’s Court, which ordered that she hand over the child and the birth registration documents to the father.
DW obtained the order, claiming that XY had foiled his decision to register the boy as a British citizen.
In his ruling, Judge Onyiego ordered the 67-year-old former British officer to return the minor to his mother on March 5, 2021 by order of the court.
In the court documents, XY said she was concerned that her son could be harmed in the care of his father because DW asked her to abort the baby while pregnant and that the child was injured while in his father’s care.
On December 16, 2020, Tononoka-based children’s judge LK Sindani allowed DW to admit the minor for 40 days before he traveled back to the UK.
Yesterday, Justice Onyiego said both parents could have access to the child.
The judge ordered the mother to deposit her and the minor’s passports in court until Monday, pending the hearing and decision on XY’s appeal in front of him, to prevent DW from registering the son as a UK citizen.
The judge warned the parents not to use the minor for accounting.
“Love doesn’t end 100 percent. Let them house each other without using the child to settle their bills,” said Justice Onyiego.
The man claims the woman is insane and unable to take care of the child.
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