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Understanding parental rights, responsibilities, and the best interests of the child under Kenyan law.

September 2, 2025 by
JB

Highlighted Insights

  • Types of Custody:

    • Actual Custody: The day-to-day care and control of a child, typically by the parent with whom the child lives.

    • Legal Custody: Rights and responsibilities conferred by court order, usually beginning as joint custody.

  • Custody Orders:

    Courts can grant custody to a parent, guardian, relative with prior care, or any suitable applicant, provided it serves the best interests of the child.

  • Principles in Custody Decisions:

    The court weighs factors such as the child’s best interests, parents’ conduct, child’s wishes, religion, customs, and sibling welfare.

  • Custody Arrangements:

    • Joint custody: shared decisions

    • Sole custody: full rights by one parent

    • Sole custody with access: visitation allowed

    • Custom arrangements: agreed through mediation

  • Modifications Over Time:

    Custody arrangements are not permanent; they can be revised if circumstances change, always prioritizing the child’s welfare.