Home News Battle for child custody at Mombasa court gets messy

Battle for child custody at Mombasa court gets messy


A Mombasa court has refused to honor a recusal application in a case pitting a former Scotland Yard detective and British national in a case involving the custody of their three year old son.

The judge who was to give directions on the application ordered that his earlier ruling that the Briton hand over the child which hadn’t been effected be implemented before he can determine the application before him.

In a case that is becoming an epic tussle in which Kevin Barry is accusing the judge of taking the side of his ex-girlfriend Hellen Maria Imokor and refusing to consider evidence presented by him against the mother, the judge had earlier rejected another application in which respondent had requested for a mental assessment of the mother which his lawyer claimed had been totally been ignored by the judge who went ahead and awarded the child to her.

They had made an application stating that the court should order a mental assessment of the child before ruling in the matter.

Supplementary affidavit in support of an earlier application for the mental assessment of the mother stating that there was overwhelming evidence filed before court demonstrating her unsound mind and that she is prone to violent outbursts, threats, and extremely irrational behavior.

“She has disregarded several court orders and has blatantly refused to comply with the same.” Reads the affidavit.

Caring dad

He also states that contrary to her claims that he has failed to cater for the wellbeing of the child, he has proved in court that he has paid more than ten million shillings for a house for his security and provided millions in for his upkeep. “so powerful is the corroborative evidence of her perjury that her statements are not the actions of a mentally balanced person.” Reads the affidavit.

It further said she has made paranoid allegations against his lawyer claiming that she saw him in her family hoe and that he has tried to kidnap and rape her.

“There is also significant evidence on the case file of threats against two lady members of the Kenya Judiciary whose audio exhibits are the subject of a police investigation,” says the affidavit.


In the same case, letters to the two lady magistrates at the Tononoka Children’s Court threatening their lives from the mother have been presented as evidence adding that what seems to be witchcraft paraphernalia was placed in the chambers of one of the judges.

“These multiple and repeated threats of sometimes extreme violence, on text messages, phone calls and handwritten letters are clear evidence of severe mental disorder. They are in the perception of any sane person,” he says.

It further notes that she has undressed in open court in what he refers to as deranged behavior.

“The Respondent continues to send me rambling and incoherent lengthy text messages stating that she has cooked babies, I have eaten babies, I want to kidnap her, my then advocate Mr Obonyo wants to kidnap her and addition that I am in a Homosexual relationship with Mr Obonyo. Also, that I wish to kill the minor in this case,” reads the affidavit.