An emotional scene unfolded outside the Milimani Law Courts after a children’s court ordered a grandfather to release his five-year-old granddaughter to a man said to be her biological father.

The elderly man, Tobias Omondi Nyaswa, broke down in tears moments after the ruling. Standing at the entrance of the court building, he cried and spoke to journalists about the pain of losing a child he says he has raised since birth.
Nyaswa explained that his daughter, the child’s mother, died just two months after delivering the baby. Since then, he and his wife stepped in and took full responsibility for the girl’s upbringing. He said they handled everything, from feeding her to meeting her daily needs.
“I have been both a father and a mother to this child. I wash her clothes and even change her diapers,” he said as he struggled to hold back tears.
The grandfather also claimed that his late daughter had never introduced anyone as the father of the child. Because of this, he questioned the decision to give custody to a man he says had never been involved in the child’s life.
“I have raised this child from birth. Taking her away from me now is an injustice,” he said.
The situation became even more emotional when the young girl began crying as she was being taken away. Witnesses at the court said the child pleaded to remain with her grandparents.
“Nataka shosho, siendi na wewe,” the minor cried, meaning she wanted to stay with her grandmother.
Nyaswa further claimed that the identity of the alleged father had not been properly verified before the custody order was issued. He expressed fear for the child’s future and said the court should bear responsibility if anything happens to her.
During the court proceedings, Nyaswa’s wife, Lilian Mung’eli, was being held at the police cells within the court compound after being arrested days earlier together with the child. She was later released shortly after the custody decision was carried out.
The dramatic incident has stirred debate about child custody disputes and the role grandparents often play in raising children after the loss of a parent.
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