A woman has moved to court to challenge a court ruling she says “separated” her two sons through divided custody.
In his ruling, Limo awarded AW custody of DK while her estranged husband, JS, got custody of GL.
He noted that GL and DK have been living separately since 2015. GL has been living with his father in Kajiado while DK has been living with his mother in Nakuru.
Observing the different environments that the two had become accustomed to, he ruled that it would disrupt their lives if that was reversed.
“Since they are in school in Kajiado and Nakuru respectively, it will be prejudicial to change the situation for the minors while each of them has been growing in different parts of the country,” Limo said.
The court heard that the parents had met severally in a bid to resolve their differences but to no avail.
Consequently, he allowed the boys to live with their custodians, with the freedom to interact under the supervision of the Children’s office at Nakuru and Kajiado. Furthermore, Limo stated that the father would cater for half of DK’s school fees.
However, in her affidavit, AW said that it was unfair to deny the boys a right to be raised together and bond as siblings, which was outlined in the Constitution, under the Children’s Act.
According to the submission before Justice Joel Ngugi, the court was playing part in creating a gap between her children.
“The court shouldn’t be used as a tool to separate these two souls who will suffer the consequences of their parents’ differences,” her submission read.