Republic of Kenya
In the High Court at Milimani,
Family Division,
HCCP&A E025/2026.
Mohammed Shayesteh Vs Sheila
Date: Wednesday 3 rd June, 2026
Court Assistant: Brian
Petitioner: Present
Respondent: Present
Ms Oginga : I appear for the respondent and the hearing is in respect to application dated 20 th May 2026 which was certified urgent and service was done on 23/5/2026 and an affidavit is filed. The hearing notice was served and affidavit filed in court. The Appellants are yet to respond to the application. They are not present in court today.
The application is for contempt as the appellant was found guilty of court orders and sentenced to serve a term of six months in civil jail. Later, he moved the igh Court by way of two applications and they were both stayed by Kadhi Court orders. On 4 th March 2026, parties appeared before Justice Nyaundi who heard the applications and dismissed them. There was also Memorandum of Appeal filed against the Orders of Kadhi Court’s ruling. Justice Nyaundi issued directions that appellant facilitate return of minor to the Republic of Kenya. The appellant abducted the minor and took him to Iran. The orders were that the Appellant do return the minor to Kenya. The appellant has refused t purge the contempt and if he declines, the the extension of custodial ought to be made. The appellant is due to be released tomorrow. We apply that we serve him personally and we appear today at 4pm.
Court: Mention at 4pm
Hon: R.K. Ondieki.
Judge.
Later: 4pm
Coram: As Before:
Ms Oginga: I appear for the respondent and we have filed the affidavit.
Mohamad Nam: I have been served with this document 30 minutes ago and I need my lawyer and a date to prepare the response. This case was withdrawn on 17/3/2026 without our knowledge. I was served with an application under certificate of urgency.
Ms Oginga: It is true the application was served today on the appellant. We were served with an application for review and it was dismissed by the Kadhi. The Appellant has a right to engage a lawyer. However, he is set to be released on 4 th June, 2026 and so he is a flight risk. He had deposited a passport in the past but still escaped from the country through other means.
Mohammed Nam : I do not understand what the counsel is making and I need a lawyer.
Ruling of Court:
1. The application before court is dated 20 th May, 2026 seeking to cite the Appellant for contempt of court orders was served today upon the Appellant at the civil jail. Counsel further submitted that the contemnor who is serving jail term is due for release on 4 th June, 2026. It is also on record that the matter relates to a child who taken outside the jurisdiction of Kenya. The appellant is an Iranian national who is a flight risk and should not be left to go.
2. The Appellant on the other hand submits that he requires time to engage a Counsel to represent him as he is not conversant with the legal process. He is aware that the Appeal was withdrawn from court on 17 th March, 2026.
3. The court put to scale the rival arguments and what comes out prominently is the constitutional provisions on Legal Representation. In the case of Manyeso Vs Republic [2023] KECA 827 (KLR) right to legal representation is captured under Article 50(2)(g) of the Constitution and it provides that the right to a fair trial includes the right: …(g).to choose, and be represented by, an advocate. This being a constitutional imperative, the court is enjoined to ensure compliance. Accordingly, I issue the following Orders;
a. The Appellant is granted 7 days to engage a legal representative and file a response, if any, within that period.
b. There be red-alert at all exit points in Kenya as a precaution to deter the appellant from exiting from Kenya, till the application is heard and determined.
c. The hearing of the application fixed for 15/6/2026.
Hon: R.K. Ondieki.
Judge.
In the High Court at Milimani,
Family Division,
HCCP&A E025/2026.
Mohammed Shayesteh Vs Sheila
Date: Wednesday 3 rd June, 2026
Court Assistant: Brian
Petitioner: Present
Respondent: Present
Ms Oginga : I appear for the respondent and the hearing is in respect to application dated 20 th May 2026 which was certified urgent and service was done on 23/5/2026 and an affidavit is filed. The hearing notice was served and affidavit filed in court. The Appellants are yet to respond to the application. They are not present in court today.
The application is for contempt as the appellant was found guilty of court orders and sentenced to serve a term of six months in civil jail. Later, he moved the igh Court by way of two applications and they were both stayed by Kadhi Court orders. On 4 th March 2026, parties appeared before Justice Nyaundi who heard the applications and dismissed them. There was also Memorandum of Appeal filed against the Orders of Kadhi Court’s ruling. Justice Nyaundi issued directions that appellant facilitate return of minor to the Republic of Kenya. The appellant abducted the minor and took him to Iran. The orders were that the Appellant do return the minor to Kenya. The appellant has refused t purge the contempt and if he declines, the the extension of custodial ought to be made. The appellant is due to be released tomorrow. We apply that we serve him personally and we appear today at 4pm.
Court: Mention at 4pm
Hon: R.K. Ondieki.
Judge.
Later: 4pm
Coram: As Before:
Ms Oginga: I appear for the respondent and we have filed the affidavit.
Mohamad Nam: I have been served with this document 30 minutes ago and I need my lawyer and a date to prepare the response. This case was withdrawn on 17/3/2026 without our knowledge. I was served with an application under certificate of urgency.
Ms Oginga: It is true the application was served today on the appellant. We were served with an application for review and it was dismissed by the Kadhi. The Appellant has a right to engage a lawyer. However, he is set to be released on 4 th June, 2026 and so he is a flight risk. He had deposited a passport in the past but still escaped from the country through other means.
Mohammed Nam : I do not understand what the counsel is making and I need a lawyer.
Ruling of Court:
1. The application before court is dated 20 th May, 2026 seeking to cite the Appellant for contempt of court orders was served today upon the Appellant at the civil jail. Counsel further submitted that the contemnor who is serving jail term is due for release on 4 th June, 2026. It is also on record that the matter relates to a child who taken outside the jurisdiction of Kenya. The appellant is an Iranian national who is a flight risk and should not be left to go.
2. The Appellant on the other hand submits that he requires time to engage a Counsel to represent him as he is not conversant with the legal process. He is aware that the Appeal was withdrawn from court on 17 th March, 2026.
3. The court put to scale the rival arguments and what comes out prominently is the constitutional provisions on Legal Representation. In the case of Manyeso Vs Republic [2023] KECA 827 (KLR) right to legal representation is captured under Article 50(2)(g) of the Constitution and it provides that the right to a fair trial includes the right: …(g).to choose, and be represented by, an advocate. This being a constitutional imperative, the court is enjoined to ensure compliance. Accordingly, I issue the following Orders;
a. The Appellant is granted 7 days to engage a legal representative and file a response, if any, within that period.
b. There be red-alert at all exit points in Kenya as a precaution to deter the appellant from exiting from Kenya, till the application is heard and determined.
c. The hearing of the application fixed for 15/6/2026.
Hon: R.K. Ondieki.
Judge.