The High Court in Mombasa has overturned a Children’s Court ruling in a case involving a British national and a Kenyan woman fighting for custody of a five-year-old minor.
The Judge issued an intriguing ruling that caused the court to murmur.
In his decision, High Court Judge Justice John Onginyo stated that, while he was aggravated by Hellen Maria’s disgraceful, immoral behavior in seeking custodial orders for the minor, she was the appropriate parent among the duo to be granted the custodial orders because his estranged husband Kelvin Barry Hurley was in the country on a tourist visa.
“The evidence clearly shows that the appellant engages in immoral behavior. The woman is a careless mother who goes out at night looking for Wazungus (tourists) in exchange for sex. She has acted in an impolite manner.
“Her sole intention is to make the plaintiffs suffer for the sake of his child at the expense of the child,” Justice Onginyo ruled.
He also stated that the appellant had mixed her disagreements with the defendant with child issues and had even taken the child into hiding in order to deny the defendant access without regard for the consent orders or the child’s welfare, causing the child to miss out on education and medical clinics.
However, the court granted the “Immoral ” mother full custody of the minor noting that the husband who is the biological father of the child should continue providing his parental support to the child under the custody of the mother.
