While the man wants the children to stay in Kenya, the woman prefers to move them to the USA, where she believes they have better life opportunities.
The children aged 14 and 8 years were born in the USA, but now lives with her father in Kenya. They also have dual citizenship.
Court records show the couple divorced in 2010 while still living in the United States. Their marriage was formally dissolved by an Alabama court that gave the mother custody of the older child, who was then four years old.
However, the couple had another child two years after the divorce, while it was still in the United States before the husband decided to move to Kenya.
The wife also followed him to Kenya and they met again.
But the duo had not yet reached an agreement again and decided to split up, with the woman deciding to return to the US.
The stalemate, however, arose when she signaled that she was with both of them Children would move, which prompted the man to rush to court.
In his submissions, the man argues that the children live in Kenya and are already enrolled in schools and that moving would disrupt their learning. < / p>
But the woman argues that the children have better chances in the US.
The main court He of Nakuru, Benjamin Limo, commented on the matter and granted the father temporary custody.
Ag sadly, the mother asked the Supreme Court to review the decision on September 23. She wants the judge’s orders to be overturned.
Attorney Joel Ngugi stated that the best interests of the children were not considered before the father’s custody was granted.
Therefore expelled he returned the matter to the district court for the retrial.
“The case will be referred back to the court of first instance for the primary hearing of the main matter. In any case, the process will begin within the next seven days, ”decided Judge Ngugi.