A British national Kevin Barry Hurley suffered a blow in the first round of a case involving the custody of his three year old son after the high court issued an order stopping proceedings at the Tononoka children’s court in Mombasa county.

Barry’s, former lover of Helen Maria Imokor got a reprieve at the same court after the high court ordered her release from police custody.

The former police officer attached to the Scotland Yard wants the custody of his three-year-old son Joseph from his former lover.

High court judge John Nyabuto Onyiego also suspended a warrant of arrest issued at the lower court against Barry’s former lover which led to her arrest.

Judge Onyiego directed the execution process currently underway before a lower court to be stayed pending further directions from the high court.

He insisted the warrant of arrest and its subsequent execution and arrest of Maria is suspended.

The high court said for avoidance of duplications the alleged Joseph’s biological mother shall be released from police custody pending hearing of Maria’s application with further court direction.

Maria, through her counsel Were Geoffrey under certificate of urgency, said the application is extremely urgent and ought to be heard on priority basis.

He said despite the pending of Maria’s notice of motion the lower court blatantly ignored and deliberately failed to adhere strictly to the explicit orders issued end of last month.

In a supplementary affidavit, Maria said she is the biological mother the son and the biological father is a permanent resident in Britain and only occasionally comes back to the country.

On his part, Barry through his counsel Lawrence Obonyo, said he is a respectable member of the society and understands both international and local jurisprudence that governs the rights and welfare of individuals and even children.