The use of police officers to enforce orders in child custody cases is illegal in Kenya.

This follows a ruling made by High Court Judge Ngugi.

According to the Judge, the presence of police officers is traumatizing to minors and should only be limited to extreme cases where “stubbornness and impunity has been demonstrated by the party against whom the orders are being enforced”.

“There are great potential and danger to traumatize the innocent minors involved by use of armed officers,” Justice Ngugi ruled.

The judge made the ruling while presiding over a custody case involving two minors aged 14 and eight.  A magistrate court had ordered police officers to enforce an order for the custody of the two children and ensure compliance.

Justice Ngugi faulted the Magistrate’s court decision saying it was unnecessary and was not in the interest of the children.

“In the circumstances of the above case, the use of police officers to enforce the interlocutory court orders was unwarranted and premature,” ruled Ngugi.

The mother of the two children filed an appeal before Ngugi on September 23 after Nakuru Senior Resident Magistrate Benjamin Limo granted interim custody of the children to her ex-husband

Justice Ngugi further ruled that the trial court awarded the child to the father “prematurely,” and ordered for a retrial.

The children’s mother was granted temporary custody with the judge ruling that the father be allowed unrestricted access to the children until the case if concluded.