A man moved before the Garissa High Court seeking orders to appeal a ruling by a Kadhis’ Courts directing him to pay for child upkeep.
The man identified in court documents as ABMM was ordered by the Kadhis Court to pay Sh4,000 monthly for child’s maintenance and also to take care of education and medication of the child.
ABMM, however, told the Garissa High Court that Kadhi erred in finding that Kadhis’ Courts have jurisdiction to hear and determine matters relating to custody, maintenance, care and protection of children.
ABMM in his argument told Garissa High Court Judge Charles Kariuki that Kadhis courts are limited to determine questions of Muslim law relating to divorce, marriage, personal status or inheritance in proceedings in which all the parties profess the Muslim religion.
Justice Charles Kariuki in his ruling said that Kadhis Courts do not have jurisdiction to hear and determine matters relating to custody and upkeep of children.
The Judge further ruled that the court has no power to compel ABMM to appear before it and that ABMM has a right to have his case heard and determined at the Children’s court.
“The party has the option of heading to the Children’s Court which is vested with jurisdiction to handle children matters,” ruled Justice Kariuki.
The judge allowed ABMM to appeal Kadhis Court ruling before a Children’s Court but not to challenge his divorce and dowry payment.