LAC & another v MJC [2020] eKLR Case Summary

Court
Court of Appeal at Nairobi
Category
Civil
Judge(s)
Karanja, Musinga, Kiage, JJ.A
Judgment Date
October 09, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the LAC & another v MJC [2020] eKLR case summary, detailing key legal principles and outcomes. Stay informed on important judicial decisions and their implications.

Case Brief: LAC & another v MJC [2020] eKLR

1. Case Information:
- Name of the Case: LAC & PFC v. MJC
- Case Number: Civil Application No. 101 of 2020
- Court: Court of Appeal at Nairobi
- Date Delivered: 9th October 2020
- Category of Law: Civil
- Judge(s): Karanja, Musinga, Kiage, JJ.A
- Country: Kenya

2. Questions Presented:
The central legal issues the court must resolve include whether the applicants (LAC and PFC) have an arguable appeal against the High Court's decision granting custody of AFC to the respondent (MJC) and whether a stay of execution should be granted pending the determination of that appeal.

3. Facts of the Case:
The applicants, LAC and PFC, are the mother and step-father of KNC, who passed away from duodenal cancer on 4th October 2017. KNC had appointed the applicants as guardians of her minor daughter, AFC, born on 11th September 2011. Following KNC's death, the respondent, MJC, expressed his desire to take custody of AFC, leading the applicants to seek legal action to prevent him from relocating the child to England. The Children's Court initially ruled in favor of the applicants, allowing them to retain custody until AFC turned ten. However, the respondent appealed this decision to the High Court, which subsequently ruled in his favor, granting him full custody. The applicants filed a notice of appeal against this judgment and sought a stay of execution.

4. Procedural History:
After the Children's Court awarded custody to the applicants, the respondent appealed to the High Court’s Family Division. The High Court, in its judgment delivered on 8th April 2020, allowed the respondent’s appeal and dismissed the applicants’ cross-appeal, asserting that as the surviving parent, the respondent was entitled to custody unless exceptional circumstances were demonstrated. Following this ruling, the applicants filed a motion for a stay of execution pending their intended appeal.

5. Analysis:
- Rules: The court considered the principles under Rule 5(2)(b) concerning applications for stay of execution. An applicant must demonstrate an arguable appeal and that the appeal would be rendered nugatory if the stay is not granted.
- Case Law: The court referenced *Stanley Kangethe Kinyanjui v. Tony Ketter & 5 Others* [2013] eKLR, which outlines the requirements for granting a stay of execution. Additionally, the court noted the public interest test established in *Gatirau Peter Munya v. Dickson Mwendwa Kithinji & 2 Others*, which emphasizes the need to consider the best interests of the child in custody disputes.
- Application: The court found that the applicants’ appeal was arguable due to the significant issues regarding the child's best interests versus parental rights. The court emphasized the importance of maintaining the current custody arrangement to avoid further emotional distress to the child, who was still grieving the loss of her mother. The court concluded that maintaining the status quo was paramount until the appeal could be fully considered.

6. Conclusion:
The court granted the applicants' motion for a stay of execution, allowing them to retain custody of AFC pending the outcome of their appeal. The decision underscored the importance of the child's welfare and the need to prevent potential disruption in her life during the legal proceedings.

7. Dissent:
There were no dissenting opinions noted in the ruling, as the decision was unanimous among the judges.

8. Summary:
The Court of Appeal ruled in favor of LAC and PFC, granting a stay of execution regarding the High Court's order that awarded custody of AFC to MJC. The ruling highlighted the court's commitment to prioritizing the best interests of the child in custody matters and set a precedent for how similar cases may be approached in the future. The court's decision ensures that the applicants retain custody until the appeal is resolved, reflecting an understanding of the emotional and psychological needs of a child in a custody dispute.

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