Retired British cop: My Kenyan ex-lover threatened to bring knife to court
By Joackim Bwana and Kelvin Karani | March 23rd 2021
A Kenyan woman, who threatened to stab her ex-lover, a retired senior Scotland Yard officer with a knife in court, was searched by the police following a High Court order.
The woman identified as XY is embroiled in bitter child custody case with the 67-year-old British officer (DW), who wants to take away the minor and secure him an Irish European Union passport.
Through his lawyer Lawrence Obonyo, DW told the court that XY was armed with a knife and should be frisked before the case proceeds. XY denied the accusation and said DW had tried to kidnap her.
Obonyo notified the court that XY swore she would carry a knife to court in a recording that was produced in court.
“We would like XY to be frisked. We have a recording where she said she would be carrying something into this court. She would be carrying a knife. For the safety of my client, she should be frisked,” said Obonyo.
Justice John Anyiego ordered the female court bailiff to frisk her and ensure she was not carrying any weapon before the case proceeds. The judge said XY ought to be arrested by the police if she threatened someone.
“Stand up, are you carrying a weapon? You are threatening the life of a litigant? If someone threatens someone, action must be taken. The police should take action. Call the officers to frisk her,” the judge ordered.
However, after her frisking by a female officer, it was established she carried no weapon.
In the suit filed before the Tononoka Children’s Court, DW wants to have the minor registered as a Briton and secure him an Irish European Union passport.
However, XY declined to hand over the minor’s passport claiming his British ex-lover is likely to disappear with his son because he has no residence in Kenya.
XY said she is fearful that harm may befall her son while in the custody of his father because DW had asked her to abort the pregnancy and that the child had earlier sustained injuries while in his custody.
On December 16, 2020, Tononoka Children Court Resident Magistrate L.K. Sindani allowed DW to take away their son for 40 days until he traveled back to the UK. The magistrate had also directed XY to furnish DW with the son’s birth certificates to enable him register the child as a British citizen and secure him an Irish European Union passport.
However, on March 5 this year, Justice Anyiego ruled that the child be in the custody of XY pending the determination of an appeal filed before him by XY in December last year.
Justice Onyiego also stopped proceedings of the case at Tononoka Children’s court until the appeal is heard and determined.
“The minor herein is on temporary basis restored to the mother pending hearing and determination of the appeal. The father shall have supervised visitation and access rights to the minor during weekends from 8:00 AM to 4:00 PM,” said Justice Onyiego.
The judge in his ruling said as a general rule, it is important for a child of three years, a tender age to be taken care of by his or her mother unless there are exceptional circumstances to justify custody orders to the father.
Justice Onyiego, however, noted that the two parents were using the minor to settle their scores. He advised the lawyers to stop stepping on the foot of their clients because they were not present when the troubles began.
DW applied to have Justice Anyiego suspend his orders, which restored the minor back to XY. DW said the judge had failed to consider his concerns in a replying affidavit. In his Submission, Obonyo said XY was insane and unfit to take care of the child. He said the health and safety of the minor was at risk.
The lawyer said the child had suffered severe respiratory infections and boils while in the custody of the mother. He said XY had cleared off the minor’s account and spent the monies meant for his future.
“This is not a fit mother to be given the child. The same mother has cleared the account of the child. All the money for the child’s future, more than Sh400,000 has been spent and nothing is left,” said Obonyo.
The lawyer said XY had also exposed the face of the child everywhere thereby interfering with the minor’s dignity and privacy. However, XY’s lawyer Alex Masake objected to the allegations, saying no evidence had been adduced to prove that XY was insane and unfit to stay with the minor.
Masake said there was no compelling evidence produced to prove why DW should be given custody of the minor.
“There is no medical professional who has examined the appellant (XY) to sustain the allegations that the mother is mentally incapacitated. She is a mother and the child is of tender age hence we pray that she be granted custody,” said Masake.
“The magistrate erred in law and fact by ordering XY to part with the custody of their minor yet as a biological mother, she was the best placed person to have the custody of their minor and not DW who is now 67 years and is currently a senior citizen who is unlikely to take good care of their child,” said XY’s former lawyer, Geoffrey Were in his application.
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