RULING
BACKGROUND
[1] The appellant, a citizen of United Kingdom, and the 1st respondent, a Kenyan citizen, are first cousins. They were married under Muslim Law, and took up residence in the United Kingdom. They were blessed with a child (ZAJ), born on the 5th of May 2005, the subject of the proceedings herein. On 30th November, 2007, the 1st respondent left Bolton, United Kingdom, with the child and came to Kenya, under circumstances contested by both parties. Between February and April, 2008, the appellant came to Kenya and stayed at the 1st respondent’s parents’ home, but he was unable to persuade the 1st respondent to return to the United Kingdom.
[2] In July 2008, the 1st respondent moved to the Children’s Court in Nairobi and sued the appellant, in Children’s Case No. 439 of 2008, seeking custody of ZAJ, on grounds that the best interests of the child lay with the mother at that stage of his development. She also sought a permanent injunction to restrain the appellant from taking …