Court grants mother custody, dismisses father's un...

Court grants mother custody, dismisses father's unsubstantiated abuse concerns

Patience Muchemwa

The High Court awarded custody of their three minor children to the mother and dismissed the father's assertion that he is the best parent to live with them since their mother has taken a lover.

Unity and Edwin Wenga were married for nearly 15 years and had been separated for over a year before filing for divorce.

Unity argued she could best provide for the children's needs and supervise their schooling. She requested Edwin pay $50 per month per child for support and contribute to half their school fees.

Edwin accused Unity of exposing the children to abuse by bringing a boyfriend home, but the court dismissed these claims as unsubstantiated.

Justice Neville Wamambo emphasized placing minor children with one parent whenever possible. He awarded custody to Unity, believing it to be in the children's best interests. Edwin was ordered to pay child support as requested.

The couple also disagreed about dividing their properties. Unity wanted Edwin's share of the Bluff Hill property and offered him hers in Prospect. The court agreed, citing the children's familiarity with Bluff Hill and the desire to minimize disruption to their lives. Assets in their jointly owned company, Wedgeland Farming (Private) Limited, were ordered to be split equally.

Justice Wamambo stressed the importance of family and limited judicial discretion when both parties agree on asset division. The judge acknowledged Section 7(4) of the Matrimonial Causes Act, which outlines factors for dividing assets, and noted the couple's agreement to share properties equally. Each party was responsible for their own legal fees.