Big win for Muslim tycoon in custody case against ex-wife

Ake Mohamed Dawe, 25, mother of two, leaving Milimani Law Courts on January 9,2020 after filing an appeal petition

In a embattled case that pitted Ake Mohamed against Ibido Sarbo before the Marsabit children’s court , Senior Resident Magistrate Mbayaki Wafula has issued a court order stating that their two children aged 10 and nine should be immediately readmitted to Brickwoods School located in Nanyuki.

“Let the OCS Lang’ata police station and any other police station within the proximity of the children ensure compliance, including the use of reasonable force where necessary. Any parties in breach of the orders [will] be cited for contempt,” the magistrate ruled.

Particulars of this case are that Ibido Sarbo divorced her wife Ake Mohamed in 2019 by pronouncing the word “talaq” three times. Ibido Sarbo parted with his wife after 15 year marriage. Ake stated that she had married the businessman in 2004 when she was 13 years. Ibido Sarbo is reportedly a wealthy businessman with more than Ksh 10 million monthly income derived from his rental apartments in Eastleigh and the Nomad Hotel in Marsabit.

In May 2019, Ibido Sarbo transferred the two issues to Brickwoods School from Nairobi Muslim Academy. A letter from the former school indicated that he had settled all their fees and boarding dues whereas a letter from the latter school indicated that the children had joined the school in January 2015.

This move sparked rage in Ake Mohamed such that she filed a court application in Marsabit High Court whereby she sued her ex-husband for both custody and upkeep of their two issues. She had also pleaded with the court to quash the proceedings before the lower Marsabit Children’s Court.

However, in a judgement given in November 2019, Justice Said Chitembwe directed that the case before the Marsabit Children’s court could not be disregarded as it was an end to a means that would not only solve the family dispute between the divorcees but also ensure that their children would comfortably study without unnecessary disruption. On the other hand, the judge granted the mother of the Children custody of the two issues but declined to issue a directive whereby Sarbo would have been compelled to pay his children’s school fees as well as upkeep and maintenance. 

Meanwhile, the proceedings at Marsabit Children’s court have left a bitter taste on Ake Mohammed’s mouth. A ruling delivered by Senior Magistrate Wafula on January 6, 2020 stated that the children will continue pursuing education at Brickwoods School, pending the hearing and determination of a children’s case filed before the court.

The magistrate further directed that Ake shall have visitation rights within the school premises and that she shall shall only take the children out of the school through the consent of Sarbo or by an order of the court.

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