Miss Zomboko
JF-Expert Member
- May 18, 2014
- 4,599
- 9,532
Mahakama nchini Kenya imeamua kuwa wanaume wanaweza kupewa malezi ya watoto walio chini ya miaka tisa.
Mahakama inasema wajibu wa mzazi haufai kwenda kwa wanawake moja kwa moja ikiwa watoto wako katika umri mdogo.
Chini ya sheria ya Kenya, akina mama mara nyingi hupewa haki ya kuwalea watoto wadogo, lakini wanaweza kupoteza malezi kamili katika hali mbaya kama vile mama anaonyeshwa kuwa mzazi asiyefaa.
BBC
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Based on a landmark ruling by a Nakuru Court, men in Kenya can have custody of children below the age of nine years.
The judgment issued by Resident Judge, Justice Joel Ngugi, directed although the Tender Years Doctrine is persuasive in considering custody of children, it can no longer be considered an inflexible rule of law.
He added that the judicial rule that a child of tender years belongs with the mother is merely an application of the principle in appropriate cases.
The modern rule begins with the principle that the mother and father of a child both have an equal right towards the custody of the child,” he said.
Ngugi said there was no reason to restrict legal custody to one parent only in a situation where there was no evidence that either parent was unfit or unsuitable to take up the role.
While delivering judgement in a case where a couple was fighting for the custody of their two children aged nine years and 15years, the judge said the Tender Years Doctrine must now be explicitly subjected to the Best Interests of the Child Principle in determining custody cases.
According to the facts of the matter in court, the couple allegedly married in Alabama State in the United States of America but officially divorced in 2010 due to irreconcilable differences.
By the time of divorce on November 20, 2010, the couple had one child born in 2007 whose custody was given to the mother by the Domestic Relations Circuit Court of Jefferson County, Alabama with the father getting defined visitation privileges.
However, romantic love flourished between the couple once again shortly after their divorce, they moved in together and a second child was born in 2013.
“All the while, father, mother and children lived in the US with the children although they did not remarry,” read part of the judgment.
It stated that in 2015, the couple agreed to come back to Kenya and set up a family business in the hotel industry with the man coming in first followed by the elder child later in the same year after which the woman followed with the second-born child in 2017.
“As conceived, the plan was for the Appellant and Respondent to continue to live together as a couple in Nakuru where they would bring up their two children,” observed Justice Ngugi.
Facts in the judgment stated that the appellant who is the mother of the children moved in with the
Mahakama inasema wajibu wa mzazi haufai kwenda kwa wanawake moja kwa moja ikiwa watoto wako katika umri mdogo.
Chini ya sheria ya Kenya, akina mama mara nyingi hupewa haki ya kuwalea watoto wadogo, lakini wanaweza kupoteza malezi kamili katika hali mbaya kama vile mama anaonyeshwa kuwa mzazi asiyefaa.
BBC
========
Based on a landmark ruling by a Nakuru Court, men in Kenya can have custody of children below the age of nine years.
The judgment issued by Resident Judge, Justice Joel Ngugi, directed although the Tender Years Doctrine is persuasive in considering custody of children, it can no longer be considered an inflexible rule of law.
He added that the judicial rule that a child of tender years belongs with the mother is merely an application of the principle in appropriate cases.
The modern rule begins with the principle that the mother and father of a child both have an equal right towards the custody of the child,” he said.
Ngugi said there was no reason to restrict legal custody to one parent only in a situation where there was no evidence that either parent was unfit or unsuitable to take up the role.
While delivering judgement in a case where a couple was fighting for the custody of their two children aged nine years and 15years, the judge said the Tender Years Doctrine must now be explicitly subjected to the Best Interests of the Child Principle in determining custody cases.
According to the facts of the matter in court, the couple allegedly married in Alabama State in the United States of America but officially divorced in 2010 due to irreconcilable differences.
By the time of divorce on November 20, 2010, the couple had one child born in 2007 whose custody was given to the mother by the Domestic Relations Circuit Court of Jefferson County, Alabama with the father getting defined visitation privileges.
However, romantic love flourished between the couple once again shortly after their divorce, they moved in together and a second child was born in 2013.
“All the while, father, mother and children lived in the US with the children although they did not remarry,” read part of the judgment.
It stated that in 2015, the couple agreed to come back to Kenya and set up a family business in the hotel industry with the man coming in first followed by the elder child later in the same year after which the woman followed with the second-born child in 2017.
“As conceived, the plan was for the Appellant and Respondent to continue to live together as a couple in Nakuru where they would bring up their two children,” observed Justice Ngugi.
Facts in the judgment stated that the appellant who is the mother of the children moved in with the
