A Mzungu man has moved to the Court of Appeal seeking custody of a minor whom he sired with a Kenyan woman.
Kevin Hurley, a former Scotland Yard detective, is embroiled in a bitter row with the mother of the minor, who hails from Mombasa.
In the appeal seen by GOTTA.news, Kevin Barry Hurley is appealing to the Appellate Court to quash the orders barring him from the custody of the child, citing his only interest in safeguarding the child’s well-being.
Hurley, through his advocate, Lawrence Obonyo cites that the judge handling the matter, Justice John Onyiego, erred by not considering the evidence he adduced before the court.
“The learned Judge erred in law in not considering the evidence adduced on behalf of the appellant, and in not considering the evidence adduced on behalf of the appellant,” reads the appeal.
It further states that the judge, in his evaluation and analysis of the evidence, failed to appreciate it properly, equitably, judiciously, and sufficiently, or at all.
“The judge’s decision was contrary to the weight of the evidence placed before him on the record of appeal.”
However, according to the latest directive issued on February 17, 2023, Justice Onyiego stated that the father had failed to handover the child to the mother after taking him on December 5, 2022.
” However, the applicant failed to hand over the child as directed while moving to court seeking orders to stay off execution of orders by this court, pending hearing and determination of the intended appeal,” reads the judgment.
In a Mombasa court in October last year, Justice Onyiego remained silent on the mother’s unfitness, immorality, and irresponsibility while granting her shared custody.
“However,” said the judge in regards to the father,
“the respondent behaved with distinction. He was responsible, caring, and paid school fees for the minor, even bought him a home worth 10 million Kenyan shillings and is therefore best suited to be with the child” said the judge.
While giving the directive, Justice Onyiego further stated the father had one limitation. “He is a tourist enjoying his stay in the country on a tourist visa!” he said.
Hurley, however, maintains he is a resident of Kenya, and the judge ignored all evidence to prove so.
Regarding the mother, the judge noted the court heard she was a troublesome and difficult litigant with no respect for court orders or officers of the court, including magistrates and children’s officers.
The mother has reportedly been arrested and held in custody for contempt.
“She exhibited a high degree of dishonesty and is an irresponsible mother who keeps different men as lovers, often in her house,”
The ruling further noted, “She goes out at night scouting for wazungu tourists looking for money in exchange for sex,” adding that it is a lifestyle not conducive to the positive development of the child.
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The judge further acknowledged that the court had heard that the mother was unkind to the child, whose performance drops and health deteriorates whenever he is with her.
“Whenever custody was granted to her, she disappeared to deny the father access,” the judge noted, referring to the two times she sneaked to Nigeria to hide the baby from the father, where she was apprehended as an illegal migrant.
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