'Irresponsible and Immoral' Kenyan Mother Granted Full Custody of Her Child in Court Battle with a British Man

The High Court in Mombasa has granted a Kenyan woman custody of her five-year-old child after a two-year battle with the father, a British national.

Justice John Onginyo on Monday granted Hellen Maria Imokor full custody of the minor despite determining that the mother was immoral, irresponsible, and dishonest. "There is no doubt from the records that the appellant is of immoral behavior. The woman is an irresponsible mother, very dishonest, and goes out at night looking for Wazungus (tourists) in exchange for sex,” the judge said.

"She has displayed an uncouth character. Her sole aim is to make the plaintiffs suffer for the love of his child at the detriment of the child," he added.

The judge further noted that the appellant mixed her disagreements with the defendant with the child’s issues and took the minor into hiding to deny the father access without any regard to the consent orders and the welfare of the child. This, the judge said, caused the child to miss out on education and medical clinics.

He ruled that Maria was the suitable parent among the two to be granted the custodial orders since the minor’s father Kelvin Barry Hurley, a Scotland Yard detective, was in the country on a tourist visa and has no time to look after the child because he travels frequently.

"Considering all the circumstances, the respondent in this matter who is in the country on a tourist visa is an international detective, who travels often to Pakistan and Afghanistan. He has no enough time for the minor while on his work trips and he has to appoint someone to watch over the minor while he is away, and in accordance with the law, the appellant in such circumstances is not suitable to take care of the child," the judge ruled.

"The court has heard that the father is a responsible father. He has been providing for the child and has even built him a Sh10 million home and registered it in his name. However, the orders are that he continue providing for the minor while under the custody of the mother," he added.

Hurley unsuccessfully filed an application seeking to have Justice Onginyo recuse himself from issuing the ruling, arguing that he was not acting in the best interest of the child.

"I'm here to ask you to recuse yourself from hearing this matter. I'm making an application for you to recuse yourself before you deliver the judgment," he said.

The judge dismissed the application and proceeded to deliver his judgment.

Maria is said to have met Barry during his visit to Kenya in 2016. The Briton had come to Kenya as a tourist and met Maria in Diani after which their relationship blossomed leading to the birth of the boy in 2017.