Child custody: a study of the application of the best interest standard

Abstract

Child custody with respect to a child, means so much of the parental rights and duties relating to the possession of the child after dissolution of a marriage. 1 The best interest principle has been at the heart of all custody cases in Kenya since the commencement of the Children Act in 2001. Since the matter involves the right of the children 2 , it is the duty of the Kenyan courts to protect the rights of the children involved. 3 The principle provides that the best interests of the child to be given primary consideration in all matters concerning a child. As such, it is left to the discretion of judges to determine what it entails. The judicial discretion accorded by the principle is very important in determining custody arrangements.