Hope that the search for the stolen minor would be grated the courts authority were frustrated yet again after the ne judge sitting in place of Justice John Onyiego asked for two weeks to familiarize with contents on the case files.
Lady justice Adwera Ong’injo did not grant the warrant sought by father of the minor, Former Scotland Yard investigator to arrest his former lover who made off with the minor after the judge ruled in favor of a shared custody arrangement eight weeks ago.
The father reported that his child has been stolen to the police but the court was reluctant to issue a warrant of arrest for the woman who had violated a court order despite a penal notice.
“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” read the ruling in part.
Justice John Onyiego who has been handling the issue and had designated 7/15/2021 as the day he gives ruling on a warrant application by the father to have the woman arrested.
“That the respondent is hereby directed to handover the child to the appellant by 28th of April at 11.00 AM at Mvita Children Officer’s office,” read the order.
What this means is that the Briton has to await another fortnight to have the authorities arrest his former lover and settle the matter regarding his son.
After the hearing which lasted the batter part of the day and extended after dusk, there was drama during the handover of the child when he was forcibly snatched, kicking and screaming as he fought his mother. “I wish the judge was here to see this,” commented one of the lawyers.
The Briton whose frantic efforts to track down the whereabouts of his son has registered concern regarding the mental health of his former lover in court.
He had filed an application to have the mother mentally evaluated had stated in his affidavit that there was overwhelming evidence filed before court demonstrating her unsound mind and that she is prone to violent outbursts, threats, and extremely irrational behavior.
“She has disregarded several court orders and has blatantly refused to comply with the same.” Reads the affidavit.
He also states that contrary to her claims that he has failed to cater for the wellbeing of the child, he has proved in court that he has paid more than ten million shillings for a house for his security and provided millions in for his upkeep. “so powerful is the corroborative evidence of her perjury that her statements are not the actions of a mentally balanced person.” Reads the affidavit.
It further said she has made paranoid allegations against his lawyer claiming that she saw him in her family hoe and that he has tried to kidnap and rape her.
“There is also significant evidence on the case file of threats against two lady members of the Kenya Judiciary whose audio exhibits are the subject of a police investigation,” says the affidavit.
The Briton had earlier applied to have justice Onyiego recuse himself from hearing the case.
In his application, the former Scotland Yard detective is asking for a competent, unbiased, independent judge who is strong enough to protect the rights of both the appellant and respondent as the current judge has proved to be “biased and/or compromised”.
He says that he has lost faith in the way Justice Onyiego handled the case.