• Magistrate's court gave custody of the child to grandparents as primary caregivers for three years.
• Man appealed, saying Skype calls from the UK were not enough and he wanted full custody of his child.
Image: FILE
A father battling over his daughter with maternal grandparents got a reprieve after a judge gave him full custody.
High Court Judge Lydia Achode in her decision said, “I find that it is in the best interest of the child in this cause to be placed in the custody of the surviving parent, her father.”
The judge added, “No exceptional circumstances have been demonstrated to justify why the appellant (dad) should not have full custody of his child.”
The man who cannot be named due to legal reasons resides in the UK and initially lost a custody battle to the maternal grandparents who reside in Kenya.
Magistrate's court gave custody of the child to grandparents as primary caregivers for three years. The magistrate asked the man to build a relationship with the child during that time before taking up custody in September 2021.
Aggrieved by the decision, the man appealed, saying Skype calls were not enough and he wanted full custody of his child.
The grandparents cross-appealed, saying even after the lapse of three years the man shouldn’t be given custody.
The grandparents had accused him of failing to show interest in parental responsibility for his daughter, which left them providing her food, medical care, shelter and school fees.
They said the man did not have a solid relationship with the child, having only lived with his late wife from 2011 to 2014 when they separated.
The child’s mother fell ill in 2016 and died in 2017.
The man and the child’s mother lived together with the child as a family until 2014 when they separated. In 2015 the mother relocated to Kenya where she moved in with her parents.
The minor used to visit her father during school holidays. At that point, custody was joint between wife and husband.
The man sought increased access to the child after his divorce and on several occasions travelled to Kenya to see the minor. He also provided maintenance for the child until the death of her mother.
He then requested to take the child to Britain. It was his wish to have full custody of the child and cater to all her needs in Britain where he had secured a part-time job at a school.
The child on her part preferred to stay with her grandparents and visit only during school holidays.
Edited by Henry Makori