JUDGMENT OF THE COURT
In this protracted custody dispute, the appellant, C K, is aggrieved by the judgment and decree of the High Court at Mombasa (Thande, J.) dated 16th May 2016 by which the learned judge, on appeal from the decision of the Children’s Court, granted joint custody of TMK, (the child) to the appellant and the respondent, T K M. The learned judge further granted the appellant actual custody of the child during the school term and 25% during the holidays, but allowed the respondent actual custody of the child from 16th May 2016 till her return to Germany, where she is currently resident.
Although in the judgment the learned judge directed that the child’s learning shall not be disrupted and that the child shall not be taken out of jurisdiction for the duration of his stay with the respondent, after the delivery of the judgment and upon an informal application made by counsel for the respondent in the presence of counsel for the appellant, the learned judge varied her orde…