Nyeri's Court of Appeal has ruled a father cannot be denied access to his child over unpaid dowry. The case pitted the biological father against the child's grandparents, who cared for the minor after the mother's death in childbirth. The judges prioritised the child's best interests and the father's legal rights.
The father initially let the grandparents care for the child while he managed hospital bills and his wife's burial, providing occasional support. After remarrying and stabilising, he sought custody, but the grandparents demanded dowry payment first. Though he paid the agreed amount, they refused, claiming inconsistent support, cultural lapses including incomplete dowry, halted financial aid post-birth, and rare visits. He filed for physical custody at Kerugoya court in 2017.
On March 27, 2026, the Court of Appeal found him the undisputed biological father, capable of care through stable employment. "I find that the appellant, being the undisputed father of the minor, is the right person to have the legal and actual custody of the minor. It is not only morally wrong but unlawful to deny the father of the child who is alive and readily willing to take care of the child," the court ruled.
"He is not only suitable but has also demonstrated that he has a stable job and income, which will ensure the minor enjoys a good life. There is absolutely no reason why she should be denied parental love and care," it added. The judges stated cultural practices like dowry cannot override a child's constitutional rights or a living parent's legal entitlements.
