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Politician Cyrus Jirongo takes magistrate to court over ruling on custody of child

COUNTIES
By Caroline Rwenji | July 3rd 2015

NAIROBI: Politician Cyrus Jirongo has sued a Children’s Court magistrate after he was stripped of custodial rights of his child.

Mr Jirongo, who filed the suit under the name Shakhalagha Khwa Jirongo, says he has been aggrieved by Resident Magistrate Z W Gichana’s move to give custody of the child to the mother.

The person granted custody of the child, he says, is a suspect under investigation for abandoning and endangering a minor contrary to Section 127 of the Children’s Act and 216 of the Penal Code.

Jirongo, who is also a businessman, further says the child was taken from his custody after the magistrate made the decision without allowing him to be heard.

He claims that he is apprehensive that the child will be taken away from him again unless the Higher Court intervenes.

“It is in the best interest of the child that custody remains with me as the mother had abandoned him,” he states in the suit.

Jirongo wants the court to quash the court order made by Gichana on June 18 this year.

He states that the child was born in June last year after a consensual liaison and remained with the mother, but had periodically been giving the mother money for upkeep.

ABANDONED CHILD

The former Lugari MP says that he travelled to the countryside on May 15 this year only for him to learn that the child’s mother had stormed his office and left the child there.

He further says that the child remained with his employees until he made arrangements to have the toddler taken to his home.

Jirongo also says that he reported the matter to the police and the issue is under investigation.

“She committed a recognisable offence by abandoning and exposing the child to suffering. The magistrate did not care to hear these facts before making her determination,” the politician said.

The decision at the lower court, he said, was made after the mother filed a civil suit and orders were issued ex parte.

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