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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA
PETITION OR APPLICATION NO [reference]
[APPELLANT OR APPLICANT] v [RESPONDENT]
PETITION OF APPEAL
1. The Appellant appeals the judgment affirming dismissal of the constitutional petition concerning the child’s welfare and the effect of the Kenyan parental responsibility order.
2. Jurisdiction arises under Article 163(4)(a). The superior courts determined the interaction between Article 53, parental responsibility, fair hearing and the foreign family decisions.
3. The first ground is that the courts treated the foreign findings as sufficient to disregard a Kenyan agreement adopted as a court order without examining its legal status or a competent variation process.
4. The second ground is that the parties to the agreement were not given the required Kenyan hearing before its practical displacement. The precise proceedings and orders relied on appear at [record pages].
5. The Appellant seeks reversal and declarations confined to the identified constitutional questions. The child’s current age must be stated. No prayer may compel an adult to live with or contact a parent.
DATED at [place] on [date]. Signed [party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected party and address].
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Tell us about your dispute and the court involved. Request a document drafted for your facts, with your evidence and the relief you need.
An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
Complete the court, parties, appealed decision and service fields. Rule 39 requires concise facts, grounds, supporting arguments, relief and an annexure schedule in Form G. This core pleading must accompany the applicable record and fee under rule 38. Establish the Article 163(4) gateway and check notice, filing and service dates. A historical losing argument is not a recommended new ground. Do not attempt to reopen a decided case merely by using this specimen.
Schedule of annexures: [index each relevant document by label, date, description and page]; [identify the appealed judgment]; [trial judgment or order]; [relevant pleadings]; [certification ruling, if applicable].
Source facts and limits of the decision
Divorced parents had a parental responsibility agreement covering custody, schooling, medical care and maintenance. It was later adopted as a Kenyan High Court order. English family proceedings produced competing directions. The Kenyan courts rejected the mother’s constitutional claim. During the Supreme Court proceedings the child reached eighteen.
The Supreme Court allowed the appeal and set aside the Court of Appeal judgment. It held that the Kenyan agreement and order could not simply be disregarded through reliance on the foreign findings. Each party bore its own costs. Once eighteen, the young adult could choose where to live and whether to have contact.
Constitution Article 53 and Article 163(4)(a); status and variation of a parental responsibility agreement; fair hearing and treatment of foreign decisions. The judgment discusses the repealed Children Act. Adapt current applications to the Children Act 2022 and the person’s actual age; do not demand minor custody over an adult.
Read the original reported decision: [2023] KESC 21 (KLR) — 2 March 2023
The original decision may identify participants. The specimen replaces their identifying details. The complete judgment chapter was downloaded from the official Supreme Court law reports and checked for the background, competing positions and final orders.
Related law and procedural rules
Constitution of Kenya · Children Act — check the applicable version · Supreme Court Act
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