An estranged Kenyan girlfriend of former senior Scotland Yard officer has been arrested for defying court orders to share custody of their baby.
Detectives from the Director of Criminal Investigation (DCI) and police from Mombasa bounced on Hellen Maria in Malaba on Sunday as she prepared to cross the border to Uganda.
The arrest brings to end a four-month search of Maria whose estranged boyfriend, Kevin Barry Hurley, believes she is not in a stable mind to raise the child. Hurley says he was fearful for the moral and physical quality of the child’s upbringing because Maria leaves the child in the care of aunties or her sisters whilst she pursues money staying out all night with different men who pay for her services.
Hurley who is a permanent residence in Britain occasionally comes to Kenya to visit his son at their palatial home in Mombasa. It is however not clear from the court documents when or why the two lovebirds differed but last year Hurley filed a case seeking the custody of the son.
In May, the court ordered the two to share the custody of their three-year-old son.
“The mother and the father share legal and actual custody of the child,” ruled Justice John Onyiego who also gave the time and days the estranged couple will each be with the kid.
But after the ruling the mother ran away with the kid thereby defiling the court. Since, then the court has issued several orders and summons which Maria has failed to honor.
This prompted the court sanctioned search for her that took four months.
Our sources intimate that the child, upon his rescue was suffering from a persistent cough and had an ugly red patch on his chest. The police release the ailing boy to the care of his father.
“The boy was malnourished and was sickly. He needed emergency medical attention,” said the source who saw the boy.
Maria was taken before Lady Justice Anne Onginyo who ordered her to appear before court on September 16, along with the child and a comprehensive medical report on his condition.
A new counsel, a Mr. J.M Makau representing her applied for her release on bond which was granted by the court on the strength of his lawyers undertaking.
The father’s advocate, Mr. Lawrence Obonyo, argued that she should be detained because of her contempt of court orders.
Obonyo said the fact that Mariah denied the child education, medicare and access to his father she could not be trusted to appear before the court again.
The father of the woman also attempted to address the court attempting to explain his daughter’s failure to honor a court ruling. He was instructed to appear before the judge on the sixteenth where he would be granted an audience before the court gives direction on the case.
It remains to be seen whether the judiciary, with records in court indicating that the woman is mentally unstable will rule in the minor’s best interest and end the agony he has been undergoing for the past four months.
It is the fourth time she has been arrested with the child in tow and every time she gets released making a mockery of the law and the judges she appears before.
It is obvious that, the child suffers whenever he is entrusted to her, with the minor’s health regressing and his education terminated because she will take off with him jut to spite his father.
It was hoped that justice for the minor would be served after Mombasa High Court Judge Margaret Njoki Mwangi ordered the police to assist in tracing her whereabouts of the woman and the child and produce them before the duty judge on the 31 of August 11, 2021.
The child who should be in school and has missed his vaccinations is at the center of a legal tussle between his parents, with the mother, a mtwapa resident battling for his custody with the father, a former British intelligence officer.
Records in court regarding the case indicate there was a mental examination application to assess the stability of the woman which the judge also ignored.
In challenging the mental state of mind of the Briton’s affidavit states that she has threatened to kill him and further accusing his lawyer of being a rapist and a kidnapped for representing him in evidence recorded on mobile phone and submitted to the court.
He further states that she has cleared an account which he set up for his education and has been attempting to sell his ten-million-shilling home.
Police have also at one point raided a private residence in Mtwapa in what our sources indicate was search for a minor abducted after a court order placed her into his mother’s custody.
The raid caused commotion which lasted the batter of three hours in which police forced entry into the premises after a tip off that the child was hidden within the compound.
Among these were reports from medical experts warning there might be physical and psychological risk involved in placing the child with the mother which the court also failed to act upon.