1. Vide Application dated 11th November 2024, the Applicant seeks a review or variance of the orders of the Court made on 8th November 2024 requiring the Applicant to facilitate the travel of the minors to Kenya for the December Holidays. The Application is presented under Article 53 of the Constitution and Section 41 and 108(1) of the Children Act. It is submitted that on the date the matter came for hearing the Counsel attending Court was holding brief and did not have instructions. It is further submitted that Respondent has declined to sponsor the renewal of the minors passports. Finally the applicant contends that the holiday is very brief and therefore not ideal for the minors to travel.
2. The respondents oppose the Application and aver that the Advocate who was in Court on the 8th November 2024 does work at the firm of advocates on record for the Applicant, the travel documents ( passports both Kenyan and Italian) are in order and the holiday is long enough for the Children to travel.
3. The Orders of 8th November 2024 were granted on the basis that there are existing Court orders on access. It was my intention to actuate those orders. Following the current impasse, I have had to look at the orders of the Court that were granted on 9th July 2024 as granted by the trial Court on access. The Court directed that
a) the Children will remain domiciled in the United States with the Plaintiff/ mother for now
b) the defendant/ father is granted unlimited but reasonable access in the United States
c) the defendant / father is granted unlimited but reasonable audio visual contact ( at US time)
4. The Orders of 8th November 2024 issued by this Court have to be varied as they are clearly at variance with those issued by the trial Court and no basis had been laid to vary the orders of the lower Court. In the circumstances, I will vary the orders and direct that the Applicant facilitate access to the minors in line with the orders of the trial court issued on 9th July 2024.
5. The matter will be mentioned before the trial Court on 6th January 2025 to confirm compliance and take further directions as necessary.