A magistrates’ court has awarded preacher Victor Kanyari custody of his two children with late gospel singer Betty Bayo, but ordered a gradual transfer from their stepfather’s care.
The court said the stepfather, Hiram Gitau, alias Tash, failed to prove his alleged Kikuyu customary marriage to the late singer, having provided no sufficient evidence of customary rites, dowry arrangements, marriage negotiations or witnesses to establish the union.
Magistrate Casmir Obiero rejected his reliance on photographs to prove his alleged customary marriage to Bayo.
The court directed the Kiambu Children Officer to prepare a transition plan within 14 days, considering the children’s emotional welfare, schooling, transport and contact with both men.
Gospel artiste Betty Bayo.
Photo credit: File | Nation Media Group
The dispute began after Bayo died on November 10, 2025. The children remained with her lover Hiram Gitau, known as Tash, who told the court he had helped care for them since 2020.
Mr Kanyari sought custody, telling the court that he had remained involved in the children’s lives after separating from their mother in 2012, providing for their school fees, clothing, food, medical care and travel.
He said he had enrolled them at a private school after consulting their mother and produced fee structures and payment records to support his account. He testified that he had houses in Runda, Ruai, Daykio and Njiru and could provide a home for the children.
However, he acknowledged that he had not paid their school fees from around September 2025, explaining that he would resume payments once he obtained full responsibility for them.
The children, aged 13 and 10 when they testified, gave a different account of their relationship with their father.
Both said they wanted to remain with Tash, whom they described as their trusted caregiver since their mother’s death. They raised concerns and said they did not wish to live with Mr Kanyari.
Deputy President Kithure Kindiki condoles with the family, friends and fans of the late gospel artist Betty Bayo in Ndumberi, Kiambu County.
Photo credit: DPCS
In its ruling, the court considered their wishes alongside the Children’s Officer report, which recorded their attachment to Tash and recommended gradual, controlled contact with their father.
The court ordered that the children remain in their present care until the transition plan is implemented, unless the parties agree otherwise or the court issues another order.
“The plaintiff (Kanyari) has the stronger claim to legal custody as the children’s surviving biological parent,” the magistrate said. But “an immediate transfer of actual care and control would not adequately account for the children’s wishes, their established relationship with the Defendant (Tash), or the Children Officer’s recommendation.”
Both children gave evidence on August 21, 2026, saying they wanted to remain with Tash and did not wish to live with or visit Kanyari.
“Their views are not decisive by themselves, but they are substantial considerations under section 103 of the Children Act,” the court stated.
The Children Officer’s report, dated August 20, recorded the children’s attachment to Tash and recommended gradual, controlled contact with Mr Kanyari. The officer must consult the children in an age-appropriate way and file an implementation report within 30 days.
Mr Kanyari told the court he had supported the children with school fees, clothing, food, medical care and travel.
For his part, Mr Tash relied on an alleged Kikuyu customary marriage to Bayo. The evidence described in the record includes photographs of a celebration.
He told the court that he had been involved in the children’s lives since 2020, when he began living with their mother and the children. He said he had helped raise them, attending school meetings and events and taking responsibility for their daily care, health, education and activities.
He disputed Mr Kanyari’s account of consistently meeting their expenses, saying he had paid school fees and other costs and that the children had at times been sent home because of unpaid fees.
He testified that he was the one who enrolled them at the private before transferring he later them to an international school.
Mr Tash said he paid the fees to ensure their education continued. However, he admitted making the transfer without Mr Kanyari’s consent or obtaining the court’s permission, saying he acted out of concern for the children’s safety, privacy and uninterrupted education.
He denied blocking contact between the children and their father or coaching them to reject him, and said he had encouraged their mother to facilitate access.
Mr Tash asked the court to grant him custody, arguing that the children were settled in his care and wanted to remain with him, while allowing Mr Kanyari access.
The court said neither decision served the children’s interests and ordered both men to meet their needs without making payment conditional on custody.
Mr Tash’s claim to legal parenthood also failed. The court said photographs of a celebration did not prove the alleged Kikuyu customary marriage to Bayo. It said the photos did not establish the nature of the event or the customary steps said to have been taken.
“The defendant did not produce evidence of negotiations, dowry arrangements, customary rites or witnesses who could explain the alleged marriage,” said the court.
It found there was no sufficient evidence of negotiations, dowry arrangements, customary rites or witnesses. Mr Tash had not obtained parental responsibility through adoption, guardianship or another formal process.
The court did not find Mr Kanyari unfit, saying there was no independent medical, police or professional evidence establishing that he was abusive or unsafe.
It also found no proof that Tash had coached the children or that Mr Kanyari was unsuitable because he was a pastor or intended to seek political office.
The court dismissed Mr Tash’s claim for reimbursement of school fees and other expenses because the evidence did not establish a reliable amount.
His counterclaim succeeded only on structured contact and transition arrangements. Mr Kanyari must have regular contact, including calls and in-person access on alternate weekends, while Mr Tash must facilitate communication.
Neither man may remove the children from Kenya, change their school or relocate them outside the court’s jurisdiction without written agreement or court permission.
Both were barred from disparaging each other in the children’s presence or publishing information identifying them in connection with the case.
