Court grants mother 9 hours a year in child custody case


After 8 years of battling for the custody of her daughter,Ms Elizabeth Wangari Thuita is disappointed by the decision made by the court.

Elizabeth separated with her husband in 2012 when her child was one-and-a-half years.

Nakuru Resident Magistrate Benjamin Limo granted custody of the child to her father, Mr Ephantus Maina, while giving the mother only nine hours of supervised access per year.

In his ruling, Mr Limo further restrained the mother or her relatives from visiting the child at her school in Nakuru until she attains the majority age of 18 years.

“I have granted the mother supervised access to the minor on the first Saturday of each of the closing school holiday from 2pm to 5pm. The supervision [is] to be under the gender officer on duty at the Nakuru Central Police Station and should be within the gender office and in presence of the father,” ordered Mr Limo.


The court, in its judgement, adopted a report by Nakuru East Sub-County Children’s Officer Salome Waithaka.

In the report, the minor claims that her mother had abducted her, abused her and subjected her to cruelty.

The court was told that the minor said she preferred to stay with her step-mother and her father because her biological mother and her uncle had threatened to kill her.

According to Ms Thuita , the said report from the children’s office was malicious and false.

“How can I be a cruel mother to my own child whom I have been seeking custody of for more than eight years? She was coached to state those claims because the father wants to punish me by keeping her away from me,” said Ms Thuita.

Mr Limo delivered the judgement barely two weeks  after he dismissed Ms Thuita’s application to have him recuse himself, saying she had lost confidence in him.

Ms Thuita said she will appeal the latest ruling.