Nyeri's Court of Appeal has ruled that a father cannot be denied full custody of his daughter due to unpaid full bride price or incomplete cultural rituals, prioritizing the child's best interests. The March 27, 2026, decision upheld a High Court award of custody to the biological father against the maternal grandparents, who raised the girl born in 2014 after her mother's death in childbirth.
The daughter was born in 2014, with her mother dying during childbirth. The maternal grandparents raised her from infancy, while the father provided support including money, food, medical insurance, and regular visits. Initially, he allowed the grandparents to care for her while handling hospital bills and burial costs.
Tensions escalated when the father, after remarrying and stabilizing, sought full custody. The grandparents opposed, demanding full bride price payment and completion of rituals, claiming inconsistent support and cultural lapses despite him paying the agreed amount.
In 2017, Kerugoya Children's Court ruled the girl stay with the grandparents until age 11, granting the father visitation rights. The High Court in 2020 overturned this, awarding him full custody.
On March 27, 2026, the Nyeri Court of Appeal upheld the High Court decision. "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 emphasized that cultural practices like dowry cannot override the child's constitutional rights or a living parent's legal entitlements under the Constitution and Children Act.
