Downloaded from www.library.advocates.

ke

REPUBLIC OF KENYA
IN THE CHILDREN’S COURT AT NAIROBI

CHILDREN’S CASE NO. OF 2005

IN THE MATTER OF >>>child name<<< (A CHILD)

>>><<< ……………………………………...…………. PLAINTIFF

VERSUS

>>><<<………………………….…………………DEFENDANT

PLAINT

The plaintiff is an adult of sound mind, and is the mother and guardian of the child, whose
address for the purpose of this suit is care of >>>Location<<<
The defendant is an adult of sound mind residing Nairobi. [Service of summons shall be
effected through the guardian’s advocates’ chambers.]

The plaintiff is the natural mother of the child who was born at Aga Khan Hospital Nairobi
on 24-09-01.

The plaintiff and defendant are not and have never been married and have never
cohabited.

The plaintiff has had legal and actual custody of the child and has single-handedly brought
up the child, accommodating him and catering for all his needs at her residence in
Mombasa

The defendant has shown no interest in providing for the child.

The plaintiff has parental responsibility of the said child.

On or about the 22nd day of December 2004 the defendant took custody of the child from
the plaintiff and has refused to return him back despite several requests.

The defendant has without permission and justification also removed the child from the
country and had declared he will not return the child to the plaintiff and has threatened to
remove him from the country and jurisdiction of the court.

Despite demands made and intention to sue intimated, the defendant has failed,
neglected and / or refused to return the child back to the plaintiff.

There is no other suit pending in this court or at all, and there have been no previous

Downloaded from www.library.advocates.ke

proceedings in any court on the same subject matter and involving the same parties
herein.

The cause of action arose within the jurisdiction of this court.

REASONS WHEREFORE the plaintiff prays for judgement against the defendant for:

An injunction to compel the defendant to return the child to the plaintiff’s custody;

An injunction restraining the defendant from ever removing the child from the custody of
the plaintiff without authorisation;

An injunction restraining the defendant from removing the child from the limits of the
courts jurisdiction;

That she may be granted [such secured provision and] such sums by way of maintenance
for the said child as may be just.

Costs of this suit.

Any other relief the court deems fit to grant.

Dated at Nairobi this …………………….. day of ………………………..…………….., 2005.

Drawn & filed by:

To be served upon:

Downloaded from www.library.advocates.ke