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Court throws out mother's bid to take custody of son, 17

The court noted that the teenager’s place of residence was in the UK.

A minor at the centre of a custody row between a couple shall remain under the care of a United Kingdom court, the Court of Appeal in Kenya has ruled.

This is after Justices Jamila Mohammed, Fatuma Sichale and Patrick Kiage sustained a decision by the Family Division of the UK High Court of May 11, 2017.

They dismissed an appeal by the minor’s mother who was seeking legal custody of her son. The UK court took the responsibility to take care of the boy, 17, who was then 13 years old, until he becomes an adult.

The court noted that the teenager’s place of residence was in the UK and the parental responsibility agreement made in Kenya was no longer applicable since “the minor’s legal and factual position had changed”.

MAK, the mother, was married to RMAA under the African Christian Marriage and Divorce Act in 2002. They got FKA but the union was dissolved on October 9, 2008 after the two agreed to share parental responsibilities.

MAK moved to the UK to pursue a Master of Laws Degree and took her son. However, while she was there, she was accused of assaulting FKA, found guilty in court and the minor taken away from her to be under the custody of the court.

Her petition was dismissed at the High Court in Milimani and she lodged an appeal, claiming the judge erroneously concluded that she was not a good person without according her a hearing.

But RMAA in his response said the UK courts acted reasonably and responsibly, adding that a court cannot fail to protect a child.

A medical report dated November 18, 2014 by Dr Rob Smith, a consultant peadiatrician at York Teaching Hospital, showed the minor had some scars and bruises. 

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