Court grants mother 9 hours a year in child custody case

A woman’s eight-year battle for the custody of her daughter has ended in a disappointing blow after the court finally declined to grant her free access to the child.

After separating with her husband in 2012, the woman has been fighting to be with the child, who was taken away from her while aged one-and-a-half years.

But, in his judgment, Nakuru Resident Magistrate Benjamin Limo Monday granted custody of the child to her father, while giving the mother only nine hours of supervised access per year.

NO SCHOOL VISITS

In his ruling, Mr Limo further restrained the mother or her relatives from visiting the child at her school in Nakuru until she attains the age of 18 years.

“I have granted the mother supervised access to the minor on the first Saturday of each of the closing school holiday from 2pm to 5pm. The supervision [is] to be under the gender officer on duty at the Nakuru Central Police Station and should be within the gender office and in the presence of the father,” ordered Mr Limo.

ADOPTED REPORT

The court, in its judgment, adopted a report by Nakuru East Sub-County Children’s Officer Salome Waithaka. The report is said to be from an interview between the officer and the minor.

In the report, the minor claims that her mother had abducted her, abused her and subjected her to cruelty.

The court was told that the minor said she preferred to stay with her step-mother and her father because her biological mother and her uncle had threatened to kill her.

UNFAIR

Reacting to the judgment, the woman complained that it was unfair, saying that it was delivered without her being heard by the court.

She claimed that the court delivered the ruling based on “falsehoods” from her estranged husband which she had no opportunity to challenge in court.

According to the woman, the said report from the children’s office was malicious and false.

“How can I be a cruel mother to my own child whom I have been seeking custody of for more than eight years? She was coached to make those claims because the father wants to punish me by keeping her away from me,” she said.

BIAS CLAIM

Mr Limo delivered the judgment barely a fortnight after he dismissed the woman’s application to have him recuse himself, saying she had lost confidence in him.

The woman, in her application, had claimed that the magistrate was biased in the matter after he had committed her to a month in jail for contempt of court without giving her a chance to explain herself.

“I was never given a chance to explain myself because I had no idea that there was a case in Nakuru. I was released after two weeks after I appealed the sentence,” she said.

The magistrate, upon declining to quit the case, further dismissed her request to have the hearing adjourned to allow her time to prepare for it.

She said she will appeal the latest ruling.