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Child in danger as woman refuses to comply with court ruling

A woman, who was granted shared custody of her child with her ex-lover, a former Scotland Yard detective has vanished with the minor who has been missing for three weeks.

The mother who failed to hand him over as ordered by the court has completely vanished leading the father to report the matter to the police.

In frantic effort to locate the missing child, police raided a private residence in Mtwapa in what our sources indicate was a tip off that the woman was hiding the child in that location.

This was to be the beginning of a shared custody arrangement as ruled by court.

Apparently, the child is supposed to be shared by both parents after presiding Mombasa High Court Judge Justice John Onyiego made an about turn on his earlier ruling and ordered the two parents to share custody.

Justice Onyiego’s recent ruling on the matter stated:

“If any party served with this order and fails to comply, with the same, shall be cited in contempt of court and is liable for a fine or imprisonment for a period not exceeding six months or both.”

But sources who spoke to, on condition of anonymity have disclosed that the woman failed to hand over the child on the May 14 prompting the father to report that his child had been stolen.

According to section 174 of the penal code, stealing a child which has been described as taking a minor from lawful custody carries a seven year sentence.

It also follows, the woman who has breached the order of the court has failed to comply and therefore risking, according to the ruling, “contempt of court and is liable for a fine or imprisonment for a period not exceeding six months or both.”

The raid caused commotion which lasted about three hours where police forced entry into the premises after a tip off that the child was hidden within the compound.

Neighbours tell us that police arrived at midday and after hearing voices inside the property and being refused entry forced their way in to search for the child.

What is disturbing however, according to an affidavit by the father as admitted in court is the woman’s mental state which would put the life of the child at risk.

According to his affidavit, he says, “I received messages saying “I will kill you and I promise you that” and “send again your criminal lawyers to kill me u will see first to your self in Jesus name the death u plan to happen to me is yours”.

It further states that: “on the February 9, 2021 the Appellant called me and in 15 minute phone call subjected me to continual verbal abuse and threats including saying “I will eat you, I will eat you with my own teeth, you will die”.

The tone and words used are such as to cause anyone listening to question the mental state or criminal intent of the Appellant, it states.

“That devil Yator, Yator and Sindano those two womans……. they going to cry to”.

She is recorded threatening two lady Judges from the lower Tononoka Children’s court from where the case was appealed to the high court in Mombasa.

The father, in his affidavit notes that his former lover is suffering from a serious behavioural issue.

It is also stated in, the same affidavit that she has fled with the child to Nigeria and that “on the February 8 2021 the Appellant was detained at JKIA airport attempting to board a flight to Lagos Nigeria.”

The former Scotland Yard detective further describes his former lover as someone “who works for immoral gain by selling herself to tourists.”

“I now know I am one of many she has had. When I first met her in 2015 I believed she was a single church going lady. I later found out she had in fact married a German called Andrea the previous year.”

So far, court records indicate that the legal team representing the father had applied to the court to have the mother’s mental health assessed.

There was an application under a certificate of urgency to make an order to determine the psychological wellbeing of the mother.

The mother has continually breached a host of court orders and been arrested several times as the courts have tried to curb her behaviour.

Our reporter witnessed the harrowing and upsetting scenes at the court where the 3 year old screamed and fought his mother as he tried to escape from her.

The mother had been ordered to return the child 2 days later. She has not done do so and has not been seen since.

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