A Nakuru court has finally given a verdict in a protracted custody case that spanned eight years, beginning in 2012.
The court presided over by Nakuru resident magistrate Benjamin Limo granted full custody of the minor to the father, Ephantus Miana while limiting the mother, Elizabeth Thuita, to 9 hours a year in which to be with her child.
As per their ruling, as reported by the Nation, the judge provided that the mother would be limited to supervised visits on the first Saturday of every school holiday from 2.00 p.m to 5.00 pm.
That adds up to three school holidays a year, at three hours per session which amounted to 9 hours cumulatively across each calendar year.
“I have granted the mother supervised access to the minor on the first Saturday of each of the closing school holidays from 2 pm to 5 pm. The supervision [is] to be under the gender officer on duty at the Nakuru Central Police Station and should be within the gender office and in the presence of the father,” provided Justice Limo.
The basis of the judgment was a report by Salome Waithaka, the Nakuru East Sub-Couty Children's Officer, which was drawn from an interview between the officer and the minor.
As per the interview, the minor claimed that her mother had abducted her, abused her and subjected her to cruelty.
The minor had expressed her preference to remain with her father and stepmother as she claimed that her biological mother had threatened to kill her.
Elizabeth, the mother, reacting to the ruling claimed that justice had been miscarried. She claimed that the basis of the court ruling was based on lies from her estranged husband.
About the report from the children's officer, she asserted that it was both malicious and false, created punish her.
“How can I be a cruel mother to my child whom I have been seeking custody of for more than eight years? She was coached to state those claims because the father wants to punish me by keeping her away from me,” she questioned.
Justice Limo, in his ruling also barred the mother's her relatives from visiting the child in school until she attained the age of 18.
Elizabeth had fought to have the judge recuse himself in the case on the grounds that he was biased in the matter having committed her to a month's jail term for contempt of court.
Limo also dismissed a second application from Elizabeth to adjourn the case so she could get more time to prepare for it.
Elizabeth, dissatisfied with the ruling, has vowed to appeal the case.
