The child custody case between a former British detective and a Kenyan woman has set a significant precedent in Kenya’s family law. The case, which began in 2019, involved a protracted legal battle over the custody of a boy born in 2017 after a short-lived relationship between the two parents.
The father, a retired Scotland Yard detective identified as KBH, first came to Kenya as a tourist in 2016 and settled in Diani, Kwale County. It was there that he met HMI, and their relationship led to the birth of their son. However, the couple soon separated, and a bitter dispute over custody and child maintenance ensued. HMI demanded KSh180,000 in monthly support, while KBH countered with a demand for custody, accusing HMI of blocking his access to the child.
In 2021, the High Court in Mombasa issued a ruling allowing shared custody. The court ordered that both parents alternate custody depending on school terms, with each parent having the child for part of the week. However, this arrangement did not resolve the conflict, as both parties continued to file motions and counterclaims.
KBH alleged that HMI led an immoral lifestyle, citing her involvement in multiple relationships, including one with a married foreign national. He argued that her behavior made her unfit to raise the child. HMI, on her part, sought injunctions to prevent KBH from gaining custody.
The matter escalated to the Court of Appeal, where a panel of judges overturned the High Court’s ruling. In February 2024, the appellate court granted KBH full custody of the child, declaring HMI unfit due to what it described as immoral, irresponsible, and aggressive behavior. The judges emphasized that the boy, then six years old, required a stable and positive environment to support his psychological and social development an environment they believed HMI could not provide.
The court also took into account KBH’s changed circumstances. He had acquired permanent residency in Kenya (class K status) and established a home in Mtwapa, which demonstrated his commitment to raising his son in a stable environment. The judges criticized the High Court for failing to fully consider these facts when making its earlier ruling.
This landmark decision has been viewed as a turning point in custody disputes in Kenya, underscoring the importance of the child’s welfare over the presumption that mothers are always best suited to care for children of tender years.
