Child Custody in Kenya: How the Court Decides What Is Best for the Child

When parents separate, the hardest question is usually where the children will live and who will make decisions for them. In Kenya, the court's starting point is the child's welfare. It is not a contest between parents.

The "best interests of the child" test

The Constitution and the Children Act both say that a child's best interests come first in any matter that affects them. The court looks at the child's age, their emotional and physical needs, their schooling, their relationship with each parent, and the stability each home can offer. The wishes of an older child can also be taken into account.

Both parents keep responsibility

Separation does not remove a parent's responsibility for their child. Even when one parent has day-to-day care, the other usually keeps a role in major decisions and a right to stay in the child's life, unless a court finds that contact would harm the child.

What a custody order can cover

An order can deal with where the child lives, when the other parent spends time with them, and who decides on schooling and healthcare. Maintenance is handled alongside custody. It is the money a parent must contribute towards food, housing, school fees and medical costs.

Try agreement before litigation

Courts generally encourage parents to settle arrangements through discussion or mediation where it is safe to do so. A written agreement that the court approves can be faster, cheaper and less damaging to the children than a contested hearing.

How to prepare

Keep records of the child's school, medical and daily routine. Document what you contribute financially. Avoid speaking badly of the other parent in front of the child, because courts notice who puts the child first. If there are safety concerns, tell your advocate at the start so the right protective steps can be taken.

This article is for general information and isn't legal advice. Every family is different. Speak to an advocate about your situation.