RULING OF THE COURT
This is an application by SAJ under Rules 47 and 80 of the Court of Appeal Rules (Rules) for orders that; the notice of appeal filed on 18th March, 2009 by AOG the first respondent herein be struck out and that the interim orders issued in Civil Application No. Nai. 75 of 2009 be vacated.
The applicant is a British citizen while his wife who is the first respondent, is a Kenyan citizen. Both are Muslims and were living in United Kingdom (UK) until 30th November, 2007 when the first respondent left UK with ZJ – their child of marriage who is a British citizen without the knowledge of the applicant. Thereafter, the applicant filed proceedings in the High Court of Justice, England and on 15th January, 2009, the English Court ordered, inter alia, that the child be a ward of the Court during his minority and that the mother – the first respondent should cause the return of the child forthwith to England. The 1st respondent did not comply with the order. The applicant ther…