Former Scotland Yard detective wants a Kenyan judge to recuse from hearing a case in which he wants to keep a minor from his biological mother.
Kevin Barry is accusing his ex-lover Hellen Maria Imokor of among other things, cruelty and unsuitability to raise him due to her questionable mental state.
According to the application which seeks to bar Justice John Onyiego from handling the case in which he earlier ruled that the child be handed over to the mother, an exercise that failed due to a technicality, the former intelligence officer is accusing Justice Onyiego of bias and being compromised.
According to Mr. Barry, the case cannot be heard by Justice Onyiego since he ruled out in lower court that his ex-lover take custody of the child.
“That this honorable court pleased to assign any other judge who is competent, unbiased, independent and strong enough to protect the rights of both the Appellant/Respondent and the Respondent/Applicant,” reads the application in part.
He is asking Justice Onyiego to be pleased to recuse himself from the case.
While making the application, the Briton is asking the court to grant his orders so that his rights to a fair trial be realised.
As a respondent in a case which is a matter regarding a minor, the Briton submits that the judge has ignored their evidence that the mother of the child is dangerous ad in constant contempt of several court orders while using the justice system to further her own personal agenda.
The Briton is further accusing the judge’s ruling earlier that he hands the child over to the mother on the grounds that application to do so was never contested despite the fact that he had in fact, through his lawyer filed a replying affidavit which the judge ignored.
“This honorable court has been acting in manner that does not put the child’s interest first,” reads the application.
He also cites the later ruling on the 16th of April this year in which Justice Onyiego had granted custody to the mother on the specific condition that she deposits her passport along with those of the child by 19th April which she failed to do but the court nevertheless upheld its decision on the 28th of the same month.
The application also raises issue with the application under a certificate of urgency to make an order to determine the psychological wellbeing of the mother which he refused to allow despite evidence in his affidavit.
“That the Applicant’s allegation is serious and compelling to the effect that he has lost faith/ trust with the present Trial Court following the way it handled the matter,” says the application.
The Briton whose affidavit says that the child is in good shape and health and state with marked physical and mental improvement from the time he took over his upbringing which is attested by a letter of his pediatrician.
In challenging the mental state of mind of the Briton’s affidavit states that she has threatened to kill him and further accusing his lawyer of being a rapist and a kidnapper for representing him in evidence recorded on mobile phone and submitted to the court.
He further states that she has cleared an account which he set up for his education and has been attempting to sell his 10 million shillings home.