An ex-lover to a former Scotland Yard detective is demanding the high court in Mombasa to force him to comply with an order it issued early this month in her favor over the custody of their child.
In an open letter to high court judge J N Onyhiego, Helen Maria Imokor is demanding the court to enforce the order issued against her former lover Kevin Barry Hurley, who is a British national, that she has temporary custody of their three-year old child.
She argued that the father had an option to move to the court of appeal if he was dissatisfied with the high court ruling in her favor.
“It was wrong for the same court to entertain my former lover’s dilly-dallying and create a circus instead of complying with the court order,” she pointed out.
The woman said she is deeply concerned and regrets that he had deliberately chosen not to comply with the order issued by the high court in Mombasa.
In the letter addressed to resident judge in charge of family matters she added his former lover has blatantly and contemptuously and maliciously defied a court order.
In her open letter copied to his former lover’s counsel Lawrence Obonyo she accused the former Scotland Yard detective of denying her access to her son since last year.
She insisted up to now she has no information of her son’s whereabouts and his fate.
“I wish to urge the judge to ensure the minor is produced physically before the court without fail,” she pointed out.
The bitter woman wants the court to arrest his former lover for contempt of court so that it can be a lesson to others.
Justice Onyiego had granted Maria temporary custody of the minor pending hearing and determination of the her appeal.
The court directed Maria’s former lover to organize visitation and access rights to the minor between 8am to 4pm.
“The picking and return points of the minor shall be at Tononoka children law court under the supervision of the children protection officer in Mvita” Justice Onyiego pointed out.
The High court judge said in his ruling that the proceedings at Tononoka children court against Kelvin Barry’s former lover should stay pending hearing and determination of his former lover’s appeal.
Justice Onyiego at the same time ruled the execution order at the lower court issued in December last year is also stayed pending the hearing and determination of the appeal before the court.
He directed the deputy registrar to call for the original file from the lower court with effect from the picking and return of the minor which took place last weekend.
The reasons for making the above orders, he stated, were in exercise of the high court’s inherent and express supervisory jurisdiction over the subordinate court.
But during the mention of the matter the high court orders issued by justice Onyiego were not yet enforced despite the matter coming up.
Last year, Maria had sent a passionate appeal to former Chief Justice David Maraga to personally intervene to get her child in a custody case at the Tononoka children’s court in Mombasa county.
She had urged the then Chief Justice to intervene to ensure she gets her child from the former Scotland Yard detective.
She had asked Maraga to help her before he proceeds on his retirement as she lashed out at the lower court for turning a deaf ear on her quest.
“The lower court has formed a habit of intimidating and frustrating me when I seek justice to the extent of threats of arrest,” she had pointed out.
Maria had challenged the judiciary to quote where in the constitution a father is allowed custody of a minor of three years of age.
The woman had accused the police of a conspiracy to frustrate her and detained her several times over the child custody dispute.