• Both parents wanted full custody of the three-year-old boy.
• The judge further ordered both parents to deposit their passports in court to evade any attempts by any party from taking the child out of the country.
The court has temporarily settled down a child custody battle between a Kenya woman and her former British lover.
The court ordered the custody and responsibility of the three-year-old boy be shared on a 50-50 basis pending hearing and determination of the case.
Mombasa’s family court judge John Onyiengo directed the boy to be enrolled in school.
The boy will then spend the five days of the week with his mother while the father will have weekends with the child.
The judge further ordered both parents to deposit their passports in court to evade any attempts by any party from taking the child out of the country.
The decision by justice Onyiengo has brought sanity to the case which has been marred with insults and accusations while at the same time exposing the child to parental dramas.
While giving his ruling, the judge’s efforts to bring to an end the drama through reconciliation were shut down.
At one time, he was forced to throw both parents out of court as they could not stop trading accusations at each other.
Initially, Onyiengo had granted custody of the boy to his mother.
He said it was important for a child at such a tender age to be under the care of her mother and there is an exception in special circumstances that can justify custody orders to the father.
The judge also said the mother had demonstrated that the child might be taken out of the country if the custody of the child was not restored to her.
His decision led to a recusal application by the father who termed the judge as biased and compromised and wanted the judge to step down from hearing the case.
He said the judge proceeded to grant custody to the child’s mother despite presenting evidence showing a history of being dangerous and in constant contempt of several court orders.
The Briton said the court disregarded his application to determine the psychological well-being of the mother before being granted custody of the child.
He said he had presented evidence showing how his ex-girlfriend threatened and insulted him before and during the course of the suit.
The British said he has lost faith with the present judge following how he has handled the matter and he fears his right to a fair trial will be disregarded.
Edited by Kiilu Damaris