It is a relief for a father whose three children were given away to strangers by a Mombasa court after he became the prime suspect in the murder of their mother.
This is after the father, Nikesh Harji, who was in custody for almost a month for the alleged offence filed a case at Tononoka Children’s Court which allowed him access to his five-month old twins and a five year old girl.
Tononoka Magistrate Lucy Khahendi Sindani allowed Nikesh Harji Sengani to see his children and restrained all parties from removing the children from the jurisdiction of the court.
The Magistrate further ordered the children’s officer, Nyali sub county, to conduct an urgent social inquiry about the children and file the report in court.
Through lawyer Danstan Omari, Nikesh moved to court seeking to have legal and actual custody, care and control of the minors.
Harji urged the court to issue an exclusion order against the three strangers, Hiran Geeta Lali, Lalji Vishran Hirani and Namrata Manoj Keshavji Makwana who took custody of the children from interfering with the welfare and custody of the minors pending hearing and determination of the case.
Lali and his wife Hirani were given custody of the children by Mombasa Principal Magistrate Viola Yator even though the father claims they are not at all related.
The grandparents
Initially, the children were under the care of their grandparents who are also in distress after the children were taken away by strangers.
Lali and his wife claimed that the minors were in distress since the father of the children is the prime suspect in the murder of their mother.
The couple told the court that they were relatives of the minors and had been appointed by their community, Shere Cutch Leva Patel to take care of them.
The father also wants the court to order the production of the said minors in court.
“The defendant applicant is the only surviving parent of the children and the strangers took up the custody of the minors forcefully and without his consent,” Omari said.
He argues that he stays in Nairobi and for 30 days, he has not been able to know the whereabouts of his dear children.
Harji added that he is apprehensive that the strangers have another undisclosed ulterior motive which is definitely not in the interest of the children and the best interest of the children will be served if they are surrendered to him as their biological father for him to make arrangements on how to raise them.
Harji argued that Hiran Geeta Lali, Lalji Vishran Hirani and Namrata Manoj Keshavji Makwana are strangers to the children, to him and they are not related to them in any way.
“I am willing and ready to take care of my children as the only surviving parent since my late wife and biological mother of these children committed suicide which is still a devastating occurrence,” Harji added.
Events
According to court documents, Harji and his late wife Vanita Nekish Senghani were married in 2017 until the death of his wife on 3rd April 2022.
On the fateful day, the family woke up well and his late wife started preparing breakfast for the family.
The distraught father said that his late wife could not go to the temple yet as she had undergone a Caesarian section to deliver the twins. So, she decided to send their first born child to the temple with their neighbour.
Harji added that he confronted his wife on why she decided to send their daughter with a neighbour yet her grandmother was equally going to the temple. He suggested that their daughter should wait for the grandmother who would pick her up.
“My wife was adamant and gave our daughter to the neighbour and when she came back to the house, she proceeded to the bedroom,” he claimed.
Harji added that he followed her and scolded her saying she should never again send their daughter to the temple with a stranger. She did not respond.
He claimed he left her the bedroom and proceeded to the sitting room where he called friend Hiteshi Bhuidha asking him to buy breakfast for him.
After he left, he allegedly met his friend at around 9 am at a restaurant in Karen where they ordered breakfast.
The court heard that Harji then received a call from his mother telling him that his wife was not opening the door. He told her to be patient since the wife could have been in the bathroom.
However, a few minutes later, Harji received another call from his mother telling him that his wife had committed suicide.
He immediately left his breakfast halfway and rushed home where he found a crowd gathered and his wife laying helplessly.
He added that he collapsed upon seeing his wife and was rushed to hospital where he was released at 5pm.
After the postmortem, it was concluded that Harji’s wife died of neck compression.
