The court found that the teenager was domiciled in the UK.
A minor who is at the center of a custody battle between a couple remains under the custody of a UK court, the Kenyan appeals court ruled.
This came after Judges Jamila Mohammed, Fatuma Sichale and Patrick Kiage upheld a decision made by the Family Division of the UK High Court on May 11, 2017.
They rejected a complaint from the minor’s mother who sought custody of her son. The UK court took responsibility for the 17-year-old boy, who was then 13 until he will grow up.
The court found that the youth was domiciled in the UK and that the parental responsibility agreement in Kenya was no longer applicable because “the legal and factual situation of the minor had changed”.
MAK, the mother, was married to RMAA in 2002 under the African Christian Marriage and Divorce Act. They got FKA, but the union was dissolved on October 9, 2008 after the two agreed to share parental responsibility.
MAK moved to the UK for a Master of Laws and took their son with them. During her stay, however, she was accused of attacking the FKA, found guilty in court, and the minor was taken into the custody of the court.
Her petition was dismissed in the Milimani High Court and she appealed because the judge mistakenly concluded that she was not a good person without being given a hearing.
But RMAA said in its response that the UK courts acted sensibly and responsibly, adding that a court cannot miss a child.
A medical report dated November 18, 2014 by Dr. Rob Smith, a consultant pediatrician at York Teaching Hospital, revealed that the minor had some scars and bruises.
Comments are closed.