One notes you advise readers on legal - matters: is a 'minor' in law treated in the same way as an adult when it comes to grave crimes murder, misdemeanour? Who takes custody of children in cases of annulments of marriages i. e. criterion adopted by courts? Can at the outset’ infants (those of tender age) seek redress for wrongs done? Can a minor inherit property? What about juvenile delinquency; can youths be rehabilitated.
Hi Walji,
Rights and welfare of children are foundational and mandatory in spouses’ decisions whether married or not.
Article 53 (1-e) of the Constitution gives children a right to equal parental responsibility. Where an annulment is imminent, which in the strictest sense of law is referred to as divorce, there is a presumption that children must not suffer from the accruing and manifesting differences between a feuding couple. Every settlement or court order must, as directed at Article 53 (2) of the Constitution consider the best interest of children involved. Such interests include matters of custody and maintenance. Child custody at Section 81 of the Children’s Act, means so much of the parental rights and duties as related to the possession of the child, while section 83 offers considerations by the court to award custody orders which include: best interests of the child: age of the child; wishes of the child: wishes of the parents of the child: financial capacities of the parents and fitness to care amongst others. Using the aforementioned criteria, the courts have tended to grant actual or physical custody to mothers in the cases of young children, and especially females. This can be countered by allegations of unfitness of the mother to act and react as one.
***Eric Mukoya has over 17 years’ of working in Kenya and abroad within the social justice sector. Eric currently works for the non-profit human Undugu Society of Kenya as the Executive Director.
