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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]
AFFIDAVIT
1. I am [parent reference] and identify the agreement and court records below. I omit the child’s name, school, medical records and private residential details from this public specimen.
2. P1 contains the parental responsibility agreement. Its provisions address joint legal custody, actual care, schooling, medical cover and monthly maintenance; the authentic document must determine the actual obligations.
3. P2 is the Kenyan order adopting the agreement. P3 contains the complete foreign orders relied upon, including their dates, jurisdictional statements and later variations, if any.
4. I disclose the foreign proceedings and allegations appearing in those orders. I distinguish what a court recorded from my own knowledge and do not conceal an adverse order because I disagree with it.
5. The child’s verified birth date and date of attaining eighteen are stated in the confidential filing at [reference]. The public sample uses bracketed fields. This affidavit adds no new custody evidence to the appellate record.
SWORN by [deponent] at [place] on [date]. Signature [ ]. BEFORE ME [Commissioner for Oaths]. This sample has not been sworn.
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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
This is an illustrative affidavit identifying existing records, not permission to add fresh appellate evidence. State the deponent’s authority, personal knowledge and source of information. Verify each exhibit and page reference. Obtain leave or directions where an additional affidavit is required; new evidence requires the applicable admission procedure. Complete the jurat before a competent Commissioner for Oaths. The public sample is unsworn and contains no exhibits. An affidavit is not legal submissions.
Exhibit schedule: [label]; [document date]; [description]; [existing record pages or basis of admission]. Do not append invented or missing records.
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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