A minor has been denied justice yet again after sitting in judge Justice Anne Ong’injo blatantly ignored to acknowledge an affidavit on a case file she has been handling.
Lady Justice Ong’injo is standing in for Mombasa High Court Judge John Onyiego who is reportedly unwell .
The Honorable Lady Justice outrageously claimed the respondent had not been properly served and therefore she could not grant a warrant of arrest for the mother who violated the court instructions to share the minor with her former lover, a former Scotland Yard detective.
This elicited shock from Mr Lawrence Obonyo, counsel for the Briton who pointed out there is more than sufficient evidence that the mother, a Mtwapa resident had indeed been truly served.
A case in point cited by the judge herself where she said there was no way the court can verify documents were delivered to the right house apparently has the server in his affidavit pointing out, “I know the house as I have been there before.”
The judge who a day earlier failed to see evidence in the file that serving had been completed conveniently failed to see the clause confirming the process server knew the house.
The lady Justice then instructed the process to be repeated all over again with the help of the Mtwapa OCS.
This literally translates to a psychopathic mother handed by the court more than ten weeks continue abusing the child she stole after violating a penal notice.
Lady Justice in one fell swoop has yet again frustrated warrant proceedings with her injudicious negligence.
When the case came before her two weeks ago, the Lady Justice sued for time to get acquainted and familiarize with the file before issuing the order.
The minor who is in the eye of a stormy legal tussle between his parents was handed over to the mother ten weeks ago after Justice Onyiego ruled that both parents were to share in his custody.
She hasn’t been seen or heard of since, prompting the father to lodge a stolen child report at the Bamburi police station.
However, it is the search for a warrant of arrest for the mother who violated a court order that’s proving elusive with each subsequent judge apparently stalling and suspending issuance of the document for one reason or another.
According to the ruling on shared custody Justice Onyiego had issued a penal notice that whoever fails to comply with the court would be cited for contempt of court and would risk a fine, imprisonment or both.
“How then shall the court determine that the server went to the correct house. No details of the house are in this affidavit,” ruled the judge, despite the fact that right before her in the case file, the same server is on record serving the respondent who resides in the same house.
The judge set a date for August 5th after issuing instructions to serve the woman afresh through the Mtwapa OCS.
The Briton’s lawyer raised issue with the time the child has been a captive of the woman and the suffering he has had to endure as a result.
“He should be in school and has missed his vaccinations,” he pleaded with the court but the judge could hear none of it.
It is matter of wait and see what the court has to say when the matter comes up again next week.
Meanwhile, the child is still missing and the mother, who is due for a mental evaluation if the court grants the Briton’s application holding him prisoner in an undisclosed location.