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

'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.

Comments

Maxiley (not verified)     Tue, 10/25/2022 @ 01:36am

If mzungu claims that the mother is not responsible and she goes out seeking wazungu for sex/money,well he is equally irresponsible for impregnating such a woman.That's how they met apparently, anyway. Both are irresponsible. Have someone responsible take care of the child till such atime when either parent will prove responsible.
This reckless and unplanned way of having kids just puts the children in disadvantaged situations.If adults are this reckless, what examples are they setting for our young people?
It amazes me how men put their guard down when it comes to having some bedroom action ,especially with a pretty woman.As @ comrade Kora Kanini admonishes them to not think with the small head...It is shameful and risky. Not only can you produce "unwanted child",but the risk of STD is just too high... For what gain? If you are married,do you want to take ugonjwa to someone's unsuspecting daughter-your wife... Men its not worth it.Use your big head at all times and you shall be just fine.

Kora Kanini (not verified)     Tue, 10/25/2022 @ 08:12pm

In reply to by Maxiley (not verified)

Comrade Maxiley,
You and I have talked or wrote about Kenya being part and puzzle of human trafficking and sex trade.
These fools only want to come to Kenya and enjoy some easy prey. But based on mental enslavement that tells Africans that every white person is rich, we will still encounter these issues.
Let's be real, whites are one race that loves young girls, whatever they cannot do in their countries, based on strict rules and laws, they take it to third world countries.

Maxiley (not verified)     Wed, 10/26/2022 @ 01:54am

In reply to by Kora Kanini (not verified)

@ Kora Kanini, what is even so disturbing is that some parents due to poverty pimp their own kids to these old wazungus for money. Of course shame on these old wazungus. Like you said,they cannot fulfill their hedonistic lusts in their own countries,so they come here and take advantage of these poor young girls,and the corrupt legal system.What a shame.

Nanya (not verified)     Tue, 10/25/2022 @ 04:14am

Don't put too much emotions on one child Mr. Scotland yard. (Unless that was the only bullet in there) The judge's right. Peace of mind over everything. As long as the child is well taken care of how many men drill the mama shouldn't be any of your concern... If she messes up and IF your baby is affected, go to court again and get a fresh case with a new judge with new information.

Menye (not verified)     Tue, 10/25/2022 @ 08:54am

Injustice to the child.Oginyo should have ordered the child be taken to children home instead of handing him to a prostitute who doesn’t respect herself in the first place.

Abato (not verified)     Tue, 10/25/2022 @ 11:30am

He is exposing his dysfunction as well.
He's simping is now the beginning of his emotional turmoil.

GG (not verified)     Tue, 10/25/2022 @ 01:33pm

What a miscarriage of justice!! Not fair for the child and or the father!

Perhaps the father should put a lean on the house, leave them alone and fly out to his country! At least he’s given his all!

Why wouldn’t a judge recuse himself?

Devastating!!

Mlandizi (not verified)     Tue, 10/25/2022 @ 01:52pm

I am not familiar with many laws of Kenya but the universal legal and moral question in children dispute cases is determining the best interests of the child. The mzungu financed a Sh10M house for the child and has been supporting him while the mother has been busy hawking erection and demolition services in Kawangware and all over Kibra. That judge should hook up with Maria sababu wote wawili wana shida ya akili.

Sidai (not verified)     Tue, 10/25/2022 @ 06:42pm

This man must either hate children or is a racist . He has denied this boy his rights. There are many men who don't give a damn of their children but this man is committed. The judge cannot make him keep on paying for the child.He don't live in Kenya he does it out of his will. Maybe this judge it sleeping with this woman shame on him

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