A Kiambu court has issued a warrant of arrest orders for a head teacher who is in contempt of not honouring a court order which allowed a middle aged man his paternal right to see his two year old son
Kiambu resident magistrate Wilson Rading made the ruling that Hellen Waitherero head teacher Ngegu primary school and her daughter Joan Wambui who has since fled were in breach of court orders to have Peter Njoroge see his son and their actions were deliberate.
Njoroge who lives in the United States of America has been deprived of his parental rights since December 2019 after he fell out with his then girlfriend Wambui prompting his son a US citizen to be detained in Kenya by Waitherero (grandmother) denying him access which has led to a court battle.
Njoroge argues that he has a right to his son since the mother fled to the US with no contact leaving the child with her mother which led to concerns of the well-being of the child hence his efforts to get access to the child.
The magistrate had two weeks ago given orders that Njoroge should be given access to the child from Fridays and return the child on Mondays which has not been heeded to.
Waitherero moved to high court in Milimani to block the orders given by the kiambu court which was used to deny njoroge access to his son claiming that a status quo order was issued with regard to enforcement of the orders given on 5th Aug till interpate hearing can be heard on 25th Aug at the high court.
However Njoroge’s lawyer informed the court that no stay orders were issued by the high court and that Waitherero should be held in contempt of court orders.
Njoroge's lawyer said that there was already a contempt of a valid court order, and high court stay orders should not be entertained since the high court only ruled that the status quo be maintained until it heard the matter. "We're only seeking enforcement of the orders that Njoroge gets access to his son." Said Njoroge's lawyer.
Njoroge while speaking to the Channel22Media he narrated how he met with Joan Wambui the mother of his son while living in the US and they started a relationship which bore them a son.
He said that one day they came to visit parents in Kenya the three of them during Christmas time in 2019 but he had to go back to US due to his work schedule living behind his wife and child who were to travel back later.
He said that was the last time he saw his son and wife and he later realized that his wife returned back to the US alone and shifted to another state and changed her phone numbers leaving behind their son with the mother in law.
Njoroge said that all contacts were switched off from him to access his son and reported the matter to the United state department of justice on International parental kidnapping.
International parental child abduction is the removal or retention of a child outside their country of habitual residence in breach of another parent or guardian’s custody rights.
United States Code, Section 1204. Section 1204 makes it a federal crime for a parent or other individual to remove or attempt to remove a child from the United States or retain a child outside the United States with intent to obstruct another person’s custodial rights.
Njoroge however moved to kiambu court in 2020 and filed a civil suit seeking the court to intervene and be given his right as a parent to see his son.
The Court ruled in his favour and the plaintiffs who are mother in law and wife to allow him to have access to his son.
The plaintiffs also disregarded the Court ruling and has since denied Njoroge access to his son.
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