Legal Question in Family Law in Kenya

child custody

an eygptian friend was in an abusive marriage in germany with a german man for 11yrs. they then moved to kenya with their kids where he filed for divorce and was granted visitation of their then 4yr daughter for the weekends. the child showed psychosomatic symptoms and was later confirmed by independent therapists that the child was repeatedly sexually abused by the 65yr old father. They have been in court for over 2yrs in kenya over the custody of this child. The daughter is a german passport holder likethe father and the mother is eygptian. she's worried that due to corruptian and his fiancial standing as a german government official she may lose the girl to the father. Please advise as the child is very traumatised an intimidated by the father and doesn't have the courage to speak up in his presence. The girls is now almost 8yrs.


Asked on 5/20/08, 2:53 pm

2 Answers from Attorneys
Mary Gitumbi Muthoni Gitumbi & Co. Advocates

Re: child custody

Under Kenyan laws, some of the principles applied in the making of a custody order is the best interests of the child, the wishes of the child, the conduct of the parent, whether the child has suffered any harm, etc. The custody of a child of tender age will normally be granted to the mother unless there are exceptional circumstances that prevent this. In short, considering the past behaviour of the father of this child and considering the principles applied as cited above, the mother is the one who has the greatest chance of being granted custody of the child.

Hope this helps - Mary Gitumbi.

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Answered on 5/21/08, 1:29 am
veronicah kimende VERONICAH&MIENCHA ADVOCATES

Re: child custody

hi,call us on 020310825.we shall advice you..

our offices are at kencom house,1st floor,rm 118.veronicah&miencha advocates.

kimende veronicah

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Answered on 5/21/08, 9:30 am


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