1. The parties herein are the parents of M.A.B (the Minor). The Applicant sued the Respondent at the lower Court seeking legal custody, care, and control of the Minor. The matter went to full hearing where the Court heard the parties.
2. The Court delivered a Judgment on 13 th June, 2025 in which it gave the Respondent actual custody of the Minor. It also gave the Applicant unlimited access to the Minor in school within the school calendar, on alternative weekends from Friday afternoon to Monday morning, alternative midterms, and half of the holiday with alternating Christmas.
3. The Applicant was dissatisfied with the Judgment and appealed to this Court vide a Memorandum of Appeal dated 16 th June, 2025. The Appeal has been admitted to hearing and is pending determination.
4. This Court determined an application for stay dated 16 th June, 2025 and declined the prayer for stay of execution pending appeal.
5. This ruling is on an application dated 12 th March, 2026 which the Appellant seeks the following orders;
i. Spent
ii. That the Court recalls the minor for an interview to ascertain her wishes regarding her living circumstances, welfare and custody arrangements;
iii. That the Director of Children’s Services be ordered to conduct a comprehensive social inquiry report on the minor’s current living environment at the Respondent’s home;
iv. That pending the hearing and determination of the application and the appeal, the court issues interim orders for supervised access or such other orders as may be necessary to safeguard the minor’s welfare;
v. Costs of the application;
vi. That the court issues any other order as may be just and expedient in the best interests of the minor.
6. The Respondent filed a replying affidavit opposing the application.
7. Both parties filed their submissions, which I have duly considered.
8. The applicant states that she has received distress-related complaints from the minor during their interactions, that the minor receives inadequate attention and care at the respondent’s home, and that the minor sustained physical injuries on several occasions at the respondent’s home. The applicant argues that the minor’s psychological and emotional health is adversely affected by the current living circumstances.
9. The respondent, on the other hand, states that the minor has confided in him and the child’s stepmother that the respondent has been coaching her to say negative things against him and has also introduced someone to the child, indicating that this person is the judge who coached her on what to say when she appears in court. He relies on a recording and transcription of a conversation with the minor. He asserts that the applicant is bent on manipulating the judicial process using emotional and sensationalized claims.
10. I have reviewed both parties’ claims. Both make very serious allegations that touch on the welfare of the minor
11. In the ruling delivered on 6 th October, 2025, this court determined that the appellant had failed to substantiate her claims against the respondent.
12. The photographs currently presented bear date stamps from the year 2020, which fall outside the designated review period. Consequently, there is no sufficient rationale to warrant a further examination of the matters related to custody and access while the appeal is pending determination. The existing custody and access orders shall continue to be in effect. All parties are required to comply fully with these orders.
13. As stated in that ruling, the court takes any claims on the welfare of the child very seriously. Article 53(2) of the Constitution requires that a child’s best interests be of paramount consideration in every matter concerning the child. The Children Act (2022) restates this as a guiding principle for all courts exercising jurisdiction in children matters.
14. The court has perused the lower court record and found that the trial court interviewed the minor on 23 rd April, 2025 before it delivered its Judgment on 13 th June, 2025. The proceedings were duly recorded.
15. Section 97 of the Children Act provides that, when considering any question with respect to a child under this Act, the Court may summon and direct any person to prepare and present to it a report or statement containing such information in respect of the Child as the Court may direct.
16. When the case was filed, the trial court ordered a comprehensive children officer’s report to be filed; however, this report was never submitted. No further proceedings took place regarding the report.
17. In light of the concerns raised surrounding the welfare of the child and in accordance with Article 53(2) of the Constitution, as well as the guiding principles outlined in the Children Act regarding the paramountcy of the child’s best interests, it is hereby ordered that a comprehensive welfare report be prepared by the State Department for Children Services. This report should address the overall welfare of the child and include an assessment of the home environment for both parents. The completed report is to be submitted within 60 days.
18. The Deputy Registrar shall effect service of the ruling and order upon the Director of Children’s Services.
19. The matter shall be listed for mention to confirm compliance.
20. Orders accordingly.
DATED, DELIVERED and SIGNED at NAIROBI on this 30TH day of JULY, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
Ms. Seif holding brief for Mr. Wangila, Advocate for the Applicant
Ms. Sheba & Mr. Ali, Advocates for the Respondent
2. The Court delivered a Judgment on 13 th June, 2025 in which it gave the Respondent actual custody of the Minor. It also gave the Applicant unlimited access to the Minor in school within the school calendar, on alternative weekends from Friday afternoon to Monday morning, alternative midterms, and half of the holiday with alternating Christmas.
3. The Applicant was dissatisfied with the Judgment and appealed to this Court vide a Memorandum of Appeal dated 16 th June, 2025. The Appeal has been admitted to hearing and is pending determination.
4. This Court determined an application for stay dated 16 th June, 2025 and declined the prayer for stay of execution pending appeal.
5. This ruling is on an application dated 12 th March, 2026 which the Appellant seeks the following orders;
i. Spent
ii. That the Court recalls the minor for an interview to ascertain her wishes regarding her living circumstances, welfare and custody arrangements;
iii. That the Director of Children’s Services be ordered to conduct a comprehensive social inquiry report on the minor’s current living environment at the Respondent’s home;
iv. That pending the hearing and determination of the application and the appeal, the court issues interim orders for supervised access or such other orders as may be necessary to safeguard the minor’s welfare;
v. Costs of the application;
vi. That the court issues any other order as may be just and expedient in the best interests of the minor.
6. The Respondent filed a replying affidavit opposing the application.
7. Both parties filed their submissions, which I have duly considered.
8. The applicant states that she has received distress-related complaints from the minor during their interactions, that the minor receives inadequate attention and care at the respondent’s home, and that the minor sustained physical injuries on several occasions at the respondent’s home. The applicant argues that the minor’s psychological and emotional health is adversely affected by the current living circumstances.
9. The respondent, on the other hand, states that the minor has confided in him and the child’s stepmother that the respondent has been coaching her to say negative things against him and has also introduced someone to the child, indicating that this person is the judge who coached her on what to say when she appears in court. He relies on a recording and transcription of a conversation with the minor. He asserts that the applicant is bent on manipulating the judicial process using emotional and sensationalized claims.
10. I have reviewed both parties’ claims. Both make very serious allegations that touch on the welfare of the minor
11. In the ruling delivered on 6 th October, 2025, this court determined that the appellant had failed to substantiate her claims against the respondent.
12. The photographs currently presented bear date stamps from the year 2020, which fall outside the designated review period. Consequently, there is no sufficient rationale to warrant a further examination of the matters related to custody and access while the appeal is pending determination. The existing custody and access orders shall continue to be in effect. All parties are required to comply fully with these orders.
13. As stated in that ruling, the court takes any claims on the welfare of the child very seriously. Article 53(2) of the Constitution requires that a child’s best interests be of paramount consideration in every matter concerning the child. The Children Act (2022) restates this as a guiding principle for all courts exercising jurisdiction in children matters.
14. The court has perused the lower court record and found that the trial court interviewed the minor on 23 rd April, 2025 before it delivered its Judgment on 13 th June, 2025. The proceedings were duly recorded.
15. Section 97 of the Children Act provides that, when considering any question with respect to a child under this Act, the Court may summon and direct any person to prepare and present to it a report or statement containing such information in respect of the Child as the Court may direct.
16. When the case was filed, the trial court ordered a comprehensive children officer’s report to be filed; however, this report was never submitted. No further proceedings took place regarding the report.
17. In light of the concerns raised surrounding the welfare of the child and in accordance with Article 53(2) of the Constitution, as well as the guiding principles outlined in the Children Act regarding the paramountcy of the child’s best interests, it is hereby ordered that a comprehensive welfare report be prepared by the State Department for Children Services. This report should address the overall welfare of the child and include an assessment of the home environment for both parents. The completed report is to be submitted within 60 days.
18. The Deputy Registrar shall effect service of the ruling and order upon the Director of Children’s Services.
19. The matter shall be listed for mention to confirm compliance.
20. Orders accordingly.
DATED, DELIVERED and SIGNED at NAIROBI on this 30TH day of JULY, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
Ms. Seif holding brief for Mr. Wangila, Advocate for the Applicant
Ms. Sheba & Mr. Ali, Advocates for the Respondent