On 21 November 2018, an Eldoret Children’s Court ruling triggered an emotional scene after seven children objected to being placed in their mother’s custody.
Magistrate Stella Telewa ordered that the children be handed to Joyce Mutoro, who has been in a custody dispute with her husband, Jack Mutoro. The couple had separated after allegations that Joyce was unfaithful.
Joyce had gone to court seeking custody of the children, who had been living with their father. The court agreed with her request and directed that Jack surrender the children to her.
Outside the courtroom, the children reacted by crying and saying they did not want to live with their mother. Their protest drew a crowd near the court premises as the matter was explained to them.
Some of the children said they felt safer with their father and wanted to remain in his care. One child said, “We don’t want our mother and we will still go to live with our father”. They also accused their mother of abandoning them after the separation and said they trusted their father instead.
Jack told the court that he had separated from Joyce after accusing her of cheating with a teacher from their home area near Soy in Kakamega county. He said, “I was even forced to demolish our house and let her go to the other man”. Joyce denied the claims and said Jack was lying to win sympathy.
The two sides, together with their lawyers, returned to court, and the children were allowed to stay with their father in the meantime. Jack said he believed the ruling was unfair to the children and said he would appeal, while also stating that he was ready to care for the children, who are aged between 10 and 17 years.
One of the children also threatened to take poison and die if forced away from the father.
-Mathews Ndanyi
