Court rebukes man for choosing sister's children over own six-year-old son yearning for his love
Crime and Justice
By
Joackim Bwana
| Jul 31, 2026
All little Jonny ever wanted was to spend some little time with his father just like Luther Vandross’ song ‘Dance with my Father’ alludes. However the father (DM) has no interest even after being absolved from paying a sh66,581 monthly upkeep by the courts and Jonny's mother.
Six years old Jonny, born to a Swedish mother (KD) told Kwale Resident Magistrate Ruth Ogolla that he wished to see and spend time with his father who he met once since he broke up with the mother in 2021 when he was three years old.
He said he does not know his father’s name, his father’s parents, sisters and where he lives.
Little Jonny said his father lived with his mother long time ago at her work place in Diani Kwale County and he thought the father also worked with her mother.
His parents broke up, and that he saw his father once at a restaurant in Woodfires where they called him and spoke after he agreed to meet them.
He however expressed his wish to see him more and spend time with him.
According to DM who runs a yoga company, he cannot afford to pay even a shilling, alleging that his priorities were focused on taking care of his late sister’s two children. He went further and surrendered custody of the son to the mother.
DM told the children’s officer that he was financially unprepared to provide any custody for the son but wished to be granted unlimited access with limited contribution towards his upkeep and nurture, depending on his ability.
In her ruling, Ogolla directed that both parents contribute sh.66,581 towards little Jonny’s upkeep.
However, despite KD agreeing to foot little Jonny’ monthly upkeep of sh.133,162 and consenting to visitation, DM has not shown any interest of meeting.
KD, a General Manager at a hotel in Diani Kwale County said that DM was her boyfriend with whom they had an on and off relationship that ended in 2021.
She told the court that it will be bothersome for her to keep following up with MD for the child’s maintenance when he already has little involvement in the child’s upkeep.
Her wish however is to have DM in his son’s life and she has no intention of taking him away from Kenya.
“Since the children’s court issued interim custody and maintenance orders, he has not shown any willingness to have access to his son even after being allowed to do so by the court. I usually communicate with him on the phone,” said KD.
She also applied to relocate his son for studies in Sweden citing that the Kenyan and Britain education system is expensive while in Sweden her son is guaranteed free education up to University.
Little Jonny said he usually visits Sweden and loved both Kenya and Sweden and did not mind going to school in Sweden.
KD who has been in Kenya for 10 years told the courts her dream is to settle in Kenya and desired her son to own a land in Kenya.
However, KD said she does not wish to chase DM around for permission as he is inconsistent and limited in taking initiative.
“DM is inconsistent with his child and has never shown any interest in him. He has not attended to the child’s needs even when he is sick or in school meetings,” said KD
In his judgement, Justice Francis Andayi rebuked DM’s failure to meet his son’s needs while obligingly taking care of his sister’s children.
The judge said the action amounts to a breach of parental responsibility bordering on neglect of the minor, considering that DM is engaged in an income-generating activity as confirmed to the Children’s Officer.
“If he can take care of his sister’s two children, then failure to be involved in his own child’s life can only be described as negligence on the respondent’s part and the same should not be countenanced,” said Justice Andayi
The judge said that DM was abdicating his parental responsibility towards the minor despite KD agreeing to pay all his son’s needs.
Justice Andayi said that the fact that KD can meet all the minor’s needs does not mean that MD should be excluded from providing for the minor as part of his parental responsibility.
He said what is considered is the best interests of the child and not the convenience of the parents and that parental responsibility cannot be relinquished.
“I note, however, that in the report filed by the Children’s officer, the respondent (DM) has stated explicitly that he is not able to provide any form of maintenance. I have found above that this was not proper of the respondent as it amounts to abdication of parental responsibility towards the minor,” said Justice Andayi.
Justice Andayi proceeded to grant KD sole legal and physical custody of the son, after she appealed Ogolla’s decision to grant DM partial custody of little Jonny.
He said little Jonny has a closer bond with the mother than the father who barely shows up in his life.
However, Justice Andayi directed that DM be allowed to see his son at his own expense wherever the child will be.
The judge said that it is only proper for little Jonny to have a closer relationship with the father because her mother who works full time in Kenya intends to take up Kenyan nationality, retire and settle in the country
“The appellant (KD) said she had no objection to such access, and the minor also said that he wished to see his father. The appellant shall have the sole legal and physical custody of the minor. The respondent shall have visitation rights over the minor at his expense, wherever the child is, and only with prior arrangements and concurrence of the appellant made through the nearest Children’s Office in advance. The appellant shall not unreasonably deny such rights of visitation,” said Justice Andayi.
The judge also barred KD from relocating little Jonny permanently to Sweden where she wished to have him study up to university.
Justice Andayi said KD is free to take her son anywhere for studies provided she seek court’s permission and little Jonny does not stay out of the country for more than 12 consecutive months.
The judge noted that DM stayed away from the court proceedings despite being served, a fact he noted reinforced KD’s and little Jonny’s testimony that DM failed to be involved in his life.