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Family Law

Marriage, divorce, custody, maintenance, and children law.

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The Tender Years Doctrine Has No Statutory Basis in Kenya and Courts Must Stop Applying It

The Children Act, No. 29 of 2022 establishes best interests as the paramount consideration in custody matters. The common law presumption that mothers of young children should ordinarily receive custody is not in that Act and it is not in the Constitution. Courts that apply it are legislating from the bench.

Victor Mawira
9m26 May 2026