Lawyer accused of delaying child case

A magistrate on Tuesday accused a lawyer of trying to scuttle a child custody case and disqualified herself from hearing it.

Acting Senior Resident Magistrate Judicaster Nthuku said she did not wish to have the case between a Kenyan and his former Zimbabwean wife delayed further.

The man’s lawyer, Mr Harry Gakinya, had expressed lack of faith in her court, she said.

“I have no other interest in this case but to deliver justice by ensuring the best interest of the child is upheld as per the Children’s Act.”

She claimed the lawyer had sought all possible means to delay the case.

“Mr Gakinya’s conduct in this case shows he is out to scuttle the hearing beyond two months and thereby defeat justice. For the best interest of the child, I wish to discontinue myself from this case as we are running out of time,” she said.

Ms Nthuku said the child’s mother’s visa expires in a month and that could be the reason why the lawyer was determined to defer the matter until the time lapses and she is forced to leave without the child.

If she continued handling the case, the lawyer could move to the High Court to suspend the hearing as he seeks to have her disqualified hence delay the custody case further, she said.

Saying she disqualified herself from the case to facilitate expeditious disposal by another court, Ms Nthuku said there was a need for all parties to think of what was best for the child.

The child’s mother, a resident of South Africa, flew into Kenya to demand custody of her son and maintenance from her former husband.

She told the court the man eloped with the child to Kenya without her consent and that he was too young to be taken away from his mother.

The woman said she had single-handedly brought up the child after his father vanished and was surprised when during a visit, he offered to take him out and was never seen again.