KM v AM (Miscellaneous Application E116 of 2026) [2026] KEHC 8606 (KLR) (Family) (11 June 2026) (Ruling) Neutral citation: [2026] KEHC 8606 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY MISCELLANEOUS APPLICATION E116 OF 2026 CJ KENDAGOR, J JUNE 11, 2026 BETWEEN KM .............................................................................................................. APPLICANT AND AM .......................................................................................................... RESPONDENT RULING 1. The parties herein are involved in a children’s matter filed in the Children’s Court at Nairobi, CC E1185 of 2025, where the Plaintiff (Applicant) has sued the Defendant (Respondent) seeking custody orders in respect of BMM, a minor. 2. The Plaintiff has presently filed an application before the High Court seeking orders to transfer the matter to the Children’s Court at Kitui Law Courts. 3. The proceedings before the Children Court show that the issue of jurisdiction was canvassed, and the Learned Trial Magistrate pronounced herself on the matter, directing that the appropriate forum should have been the Kitui Magistrate’s Court, as both the Respondent and the Child are ordinarily resident and domiciled in Kitui County. 4. The application currently before the Court is unopposed. I have examined the application, the accompanying affidavit, and the proceedings that took place in the Children Court. 5. Under Section 94 (3) of the Children Act, when deliberating on matters concerning a Child’s upbringing, the Court is obligated to prioritize the principle that any delays in resolving these matters may adversely affect the Child’s welfare. 6. Moreover, in accordance with the overriding objective outlined in Article 159 (2) (b) of the Constitution, it is essential for the Courts to promote a just and expeditious resolution of disputes. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8606/eng@2026-06-11 1
page 1 of 2
7. Finally, the paramount consideration remains the “best interests of the child,” as enshrined in Article 53 (2) of the Constitution and Section 8 of the Children Act. This principle must guide all decisions regarding the case at hand. 8. From the material before me, the Applicant resides in Nairobi, while the Respondent and the Child reside in Kitui. The Child also goes to school in Kitui. Similarly, there is a mention of prior attendances at the Children Office in Kitui. 9. The interview that was conducted by the Children Court at Nairobi required the Child to travel to Nairobi for this purpose. Continuing the proceedings in Nairobi would require long-distance travel, increase costs, and likely delay the proceedings and cause disruption to the Child’s education and wellbeing. 10. I am satisfied that the Children’s Court at Kitui Law Courts is the convenient forum and has jurisdiction. Transfer will uphold the best interests of the child and ensure expeditious disposal. 11. In view of the foregoing, I make the following orders: 12. i. The Nairobi Children Case CMCC No. E1185 of 2025 is hereby transferred to the Children’s Court at Kitui Law Courts for hearing and determination; ii. The Nairobi Children’s Court is directed to transmit the entire court record to Kitui Law Courts; iii. Parties are directed to appear before the designated Children’s Court at Kitui Law Courts for directions at a date that will be set upon the file being placed before that Court. Orders accordingly DATED AND DELIVERED AT NAIROBI ON THIS 11TH DAY OF JUNE, 2026. ………………… C. KENDAGOR JUDGE In the presence of: Court Assistant: Beryl https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8606/eng@2026-06-11 2
page 2 of 2