This archive report was first published on 24 May 2021.
On May 19, 2021, a Mombasa High Court judge delivered a ruling in a highly publicized child custody case involving a former senior UK police officer and his estranged Kenyan girlfriend. The ruling, which was made available on May 20, 2021, stated that the couple would share joint custody of their three-year-old son.
According to the ruling, the mother would have custody of the child from Monday at 9am to Thursday at 4am, while the father would take custody from Friday at 4pm and return the child to the mother on Monday at 9am. During school holidays, the parents would share an equal number of days with the child.
The ruling was a result of a long-standing legal battle between the couple, who have been embroiled in court cases at the children's court and the High Court in Mombasa. In December 2020, Tononoka Children Court Resident Magistrate L K Sindani allowed the father to take away their son for 40 days until he travelled back to the UK. However, the mother appealed against the lower court ruling, saying the magistrate had deprived her of custody of her son for 40 days while he was still breastfeeding.
Justice John Onyiego, who delivered the ruling, also stated that he would issue further orders regarding the maintenance of the child and possibly terminate or settle pending suit at the Tononoka. "If any party served with this order cannot comply, with the same, shall be cited in contempt of court and is liable for a fine or imprisonment for a period not exceeding six months or both," he said.
