Where is justice for baby Tamara?

  • PublishedFebruary 28, 2019

A single father is seeking help in getting back his nine-month-old daughter who was allegedly forcefully taken by his wife’s relatives.

According to a long hearty post on Facebook, Timon Makswell was forced to give up his daughter to the police after his aunt-in-law reported that he had kidnapped his daughter and that he had stopped giving her medication. He reveals how he had spent close to three hours at the Spring Valley Police station in Kayole yesterday fighting to keep his child but his efforts bore no fruits. He apparently gave up his pursuit for justice when the police officers threatened  to kill him.

“I gave in  because this is the only way  I could have lived to fight this off. I was bundled into the police vehicle and they took my child. That is how  I lost my child, the one I promised her mother that no one  would ever take away from me. I know I have failed but I still ask myself is there justice in this world? What did I ever do to this family to make them treat me like this? did I have to die to save my child, and had it be the police to take away my child…” said Makswell in his post.

Makswell said that he felt that he had failed his wife, Rena, who had made him promise to raise their daughter in case of her death as she was battling liver disease. Rena died from the liver and post- pregnancy complications when their baby, Tamara, was just four months old.

“To my late wife Rena, am really sorry I have failed you. I was not able to keep the only last promise I made to you  before you left this world of keeping our baby Tamara safe, away from danger and taking care of her. To my little girl Tamara, daddy is really sorry I could not be able to take care of you any longer. I know I have failed you. I was the only person who was to protect you from these people but instead I chose to let them have you,” said Makswell.

Rucuiya Kimani, a lawyer, advises Makswell and anyone else caught up in such a situation to first report the incident to the nearest children’s office which will then take up the matter.

“According to the law, parental responsibility and custody rests on both parents equally. Upon death of one parent, the surviving parent takes up full responsibility for the child. Relatives can only be accorded this privilege by court and therefore cannot take up children forcefully. Any redress on children matters should first be reported to the children’s office to find an amicable out of court solution. Should this fail, the parent can pursue court action. Where the parent is needy and unable to afford legal services, there are institutions such as Kituo Cha Sheria and FIDA who have a network of pro bono lawyers who can aid in such a case,”  advises Rucuiya.

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