D. W (right) consults a police officer at the Mombasa Supreme Court on May 19, 2021. He and X. Y, his estranged Kenyan wife, are on trial on custody of a three-year-old minor. [Kelvin Karani, Standard]
A former senior British police officer and his estranged Kenyan girlfriend will share custody of their three-year-old son, a judge at the Mombasa Supreme Court ruled. Ex
“The mother and father share legal and effective custody of the child. Before schools open in July, the mother must have custody from Monday 9 am to Thursday 4 am,” judged Judge John Onyiego.
Judge Onyiego ruled that the father should take custody from 4 p.m. on Friday during the school closings and return the child to the mother on a Monday at 9 a.m.
“When the schools are open for the first semester, the mother should take the child from Sunday 5 pm to Friday Sunday 5 pm. The father should take the child with him from Friday 5 pm to Sunday 5 pm,” he said.
The verdict was announced in camera on Wednesday at 7 p.m., but made available yesterday.
He said the parents should share the same number of days with the child during the school holidays. The pick-up and drop-off point is in the children’s office in the Mvita district.
The former Scotland Yard chief officer and his estranged girlfriend have been brought into a lawsuit over child custody in Mombasa Children’s and High Court.
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In his March 5 ruling, Judge Anyiego put all proceedings in the Tononoka Children’s Court on hold until the mother’s appeal was heard and decided.
In December 2020, Tononoka-based Children’s Court, LK Sindani, allowed the father to take his son away for 40 days before he traveled back to the UK.
The judge had also instructed the mother to issue the man’s son’s birth certificates so that he could register the child as a British citizen and secure a passport to the Irish European Union for him.
However, the mother appealed the lower court ruling, saying the Tononoka Children’s Court judge had stripped her of custody of his son for 40 days, but he is still silent.
The High Court’s decision that the parents should share joint custody was welcomed by the father, who said, “I just want my son to be happy and safe.”
But Justice Onyiego said he would issue further child support orders and possibly end or resolve the pending lawsuit in the Tononoka.
“If a party served with this order fails to comply, it will be charged in disregard of the court and liable for a fine or imprisonment of six months or both,” he said.
Child custody case Ex UK executive custody case