The Children Act, 2022, emphasizes the "best interests of the child" as the primary consideration in all matters concerning children in Kenya.

Types of Custody

Legal custody refers to the right to make major decisions about the child's life, while physical custody refers to where the child lives. Joint custody is increasingly encouraged by Kenyan courts.

Maintenance is a shared responsibility of both parents, based on their respective abilities to provide. The court considers the child's standard of living and educational needs.

Mediation is now a preferred first step in resolving custody disputes, aiming to reduce the trauma on children often caused by adversarial litigation.

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