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Discover Children's Legal Precedents in Kenya

Access a comprehensive repository of case law related to children's rights, custody, maintenance, and welfare. Empowering legal professionals and advocates with knowledge.

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Interim orders

Interim orders

Interim orders in a trial court should not be interfered with without appeal full hearing

Kadhis Court jurisdiction

Kadhis Court jurisdiction

Kadhis court do not have jurisdiction over children matters

Opinion of a child should be o...

Opinion of a child should be objective

The best interests of a child must not be dictated by the opinion of a child

Granting of stay in children m...

Granting of stay in children matters

Granting of stay orders should consider the best interest of the Minor.

Parents are the most ideal

Parents are the most ideal

Parents to a child are the most ideal to provide the rights over their children

Minimal disruption in children...

Minimal disruption in children lives

The court favors the least inconvenience to a child when making an order

Tender years exception

Tender years exception

Behavior of the mother after separation is paramount

Tender years exception

Tender years exception

A mother must reside with child of tender years and if not the tender years rule will not apply

Step-mother Vs. mother

Step-mother Vs. mother

There should be evidence that a child will get along with a step-parent

Maintenance should be based on...

Maintenance should be based on evidence

Thorough inquiry should be made to ascertain the actual needs of the Children

Actual Custody can be shared

Actual Custody can be shared

Actual custody just like legal custody can be shared between parents.

Parental responsibility

Parental responsibility

Court cannot compel a man to take up parental responsibility of a child if not married to the mother

Extension of parental responsi...

Extension of parental responsibility

Child above eight years, his or her parent or anyone with parental responsibility may apply

Care for female children

Care for female children

Female children need the care of their mother when they are growing up since they are vulnerable

Mother's care to female childr...

Mother's care to female children

The attention of a mother is quite important for girls almost at puberty and adolescent stages

Bias

Bias

Upon trial on a child's matter,judges should be impartial by putting interests of child at priority

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