A shocking High Court ruling in Bungoma has reshaped the legal definition of parenthood by awarding physical custody of two children to their stepfather instead of their biological father after their mother’s passing.
The case centered around siblings ZAO and JIO, who lost their mother in 2021, sparking a fierce custody battle. Their biological father, DOI, presented strong evidence of his legal and financial ties, including marriage and birth certificates, an education insurance plan, and proof of financial support. Confident in his claim, he sought full custody of his children.
However, when the children took the stand, their testimony changed everything.
“The children testified that they did not know who the appellant was as they had not seen him before. Their preference was to be in the custody of the respondent,” the judgment read.
For nearly a decade, their stepfather, MKC, had been a constant figure in their lives, raising them as his own. Despite recognizing DOI’s biological and legal ties, Justice D. Kemei ruled that uprooting the children from their familiar environment would be unfair.
A New Era for Parenthood
In an unprecedented decision, the court granted joint legal custody to both men but awarded MKC full physical custody. DOI was allowed only supervised visits in Nairobi. Their responsibilities were divided—DOI would cover medical expenses and school fees, while MKC would continue providing daily care.
This landmark ruling challenges traditional family law in Kenya, emphasizing that parenthood extends beyond DNA. For ZAO and JIO, the court’s decision wasn’t just about biology—it was about stability, presence, and love.
