A 13-year-old girl has filed a petition at Milimani Law Courts seeking to bar her parents from moving her to the US.
The girl details how her father, a British national, and the French stepmother in collusion with police officers have attempted to forcefully separate from her biological mother.
The girl claims that her fundamental rights have been violated, as she was seized, detained, and coerced into boarding a flight against her wishes.
The minor’s father, residing in the US, and mother have been at the centre of the custody dispute after the father remarried in 2015.
The minor has spent most of her life in Kenya with her biological mother. The Children’s court had in October 22, 2015, ruled that she lives with the mother. In her petition, she reveals that she is traumatised by the experiences she has endured since her father’s remarriage.
The girl describes her life as a constant fear of being abducted by police officers, a fear compounded by two separate attempts by law enforcement to forcibly remove her from her mother’s home and school in August and September this year.
According to court papers, the minor reveals that on August 22, officers from the Kilimani Police station led by the OCS attempted to forcibly remove her from her home.
Just weeks later, on September 13, the same scenario unfolded at school, where OCS from Maili Nane Police Station again sought to take her away and detain her ahead of her travelling to the US.
The girl has also accused the Inspector General of Police and various officers of attempting to send her to the US.
Allegedly, the Inspector General of Police purchased a one-way ticket for her to fly to the US without her consent.
“The third respondent (Inspector General of Police) has done the following — bought a one-way ticket to fly the applicant to the US,” court papers stated.
The girl’s petition highlights the extreme distress this has caused her, as she has been forced to attend school from home in isolation, fearing abduction.
The lawsuit, also reveals that she had earlier informed the Children’s magistrate court that living with her biological mother is where she feels comfortable.
When interviewed by the court, the minor conveyed a deep yearning to be with her biological mother, saying that she had been raised in a Christian environment and felt disconnected from her father and stepmother’s beliefs.
Her claims were further substantiated by her assertion that she has never felt happy or settled in the US.
Discreetly discriminated
“Seizing and forcing the petitioner to travel to America using a diplomatic visa puts the minor at the mercy of the stepmother,” the minor’s lawyer Wamuti Ndegwa stated.
The girl expressed discomfort with her stepmother and the dynamics within her the family, feeling like a victim of discrimination as her stepmother has her own children, creating an environment where the girl feels neglected.
“Petitioner is a victim of living with a stepmother.
‘‘The stepmother has her own children and the petitioner feels discreetly discriminated against,” the lawyer stated.
The minor said that she is deprived of the natural love and comfort of her biological mother without any or any good reasons.
The lawyer now wants the court to issue a temporary conservatory order restraining her father, stepmother, Inspector General of Police, and Attorney General from seizing, detaining, or removing the minor in Kenya forcefully.
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