Actual custody to a working mother
The nature of work of a mother is not an exception to the tender years doctrine without proof.
Custody and MaintenanceChildren who are non-citizens
Children who are not Kenyan are afforded same protection as Citizens under the law.
Custody and MaintenanceCustody matters continous
Custody and maintenance matters can be reopened even after judgment.
Custody and MaintenanceStay of execution
The convenience or inconvenience of parties is not a factor to consider in staying execution.
Custody and MaintenanceBasis of seeking custody
The divorce or separation of parents is the basis for custody and maintenance cases
Custody and MaintenanceProof of exceptional circumstances
The burden of proof of exceptional circumstances to the tender years principle lies with father.
Custody and MaintenanceGrounds for review of custody orders
Custody orders in respect to a child can only be reviewed if circumstances have changed.
Custody and MaintenanceExceptions to the Tender Years Rule
Exceptions to the Tender Years Rule must be clearly demonstrated.
Custody and MaintenanceCustody to biological parents
Custody to biological parents is favored than custody to inlaws.
Custody and MaintenanceBias
Upon trial on a child's matter,judges should be impartial by putting interests of child at priority
Custody and MaintenanceInterests of a child
Parents should be involved in the upbringing of a child despite access orders granted to one parent
Custody and MaintenanceBest interests of a child
Parent's new relationship after separation should not interfere with the best interests of a child
Custody and MaintenanceCustody of a male child
Custody of a male child is granted to the father upon proof of special circumstances
Custody and MaintenanceBest interest and relocation
Custodial parent has the right to relocate with child so long as it is in the child's best interest
Custody and MaintenanceCustody to a remarried mother
Remarriage is not reason to disqualify granting custody unless detrimental to the child's welfare
Custody and MaintenanceParental responsibility
Court cannot compel a man to take up parental responsibility of a child if not married to the mother