Amondi Oyugi Advocates

10/06/2026

Did you know that the likely therapies that parties to a children's custody & support case, in Kenya, may be referred to are;
✔️Child Therapy
✔️Co-parenting Therapy, and
✔️Couple Therapy?



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10/06/2026

Did you know that;

In addition to the evidence brought by the very parties before a court in a children's custody & maintanance case; there are also evidence, subject to court's direction, that may be brought by other parties, and which also influence the outcome of a case?

Evidence such as;
~Children's officer/Social inquiry report
~Therapist report
~(The very) Children's interview (report)



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30/04/2026

Did you know that Interdiction can be unlawful?

Yes, Interdiction can be unlawful, and if so, attracts remedies such as stopping the same and/or compensation



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25/04/2026

23/04/2026

Small Claims Court speaks positively to the concept of Justice Delayed Is Justice Denied.

Did you know that;

By design, to do away with delay, matters before Small Claims Courts in Kenya ought to be concluded within 6 months of filing.
This drastically cuts down the typical litigation-lifespan of a case.

Additionally, the associated costs of litigation in a Small Claims Court are lower compared to those of matters filed before the Magistrates Court, High Court, Court of Appeal Or the Supreme Court of Kenya.

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Also, find below list of additional Small Claims Courts newly established in Kenya.

18/04/2026

Justice sometimes looks like this;

Sometimes justice may not translate to equality

Justice reigns supreme, regardless.

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14/04/2026

Did you know that one cannot convert a potentially polygamous/customary marriage to a monogamous marriage if the other party to said marriage is not the first wife,
and/or if there are other subsequent wives?

That, for example, one cannot marry their 4th (customary) wife under civil or christian (through wedding) regime? (when one have three other wives?)

And that if one does so, the said marriage (or wedding et. al) will be void ab intio?

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12/04/2026

Did you know that just as one can file for child support/maintenance upon divorce or separation, one can also file for spousal support/maintenance upon divorce or separation?

And that just as one can apply for interim orders pending the hearing and determination of a children's case,
one can also apply for (interim) spousal support/maintenance pending the hearing and determination of a divorce or judicial separation case?

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10/04/2026

Alimony.

The factors that are to be satisfied for an application for Alimony to be successful, therefore, are;

✅️The spouse applying for alimony must show that s/he is financially dependant on the other spouse, and cannot by own self, afford the life s/he is accustomed to.

✅️The other spouse is financially capable of paying said alimony

✅️The parties were legally married, and are divorced/separated, or are in the process of being divorced/separated.

✅️That the said application for alimony is not out of vengeance, but is made in good faith.

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09/04/2026

What is the position of Kenya on matters Alimony?, you may ask.

Have a look below👇

“In considering a claim for maintenance, regard must be had to the provisions of Article 45(3) of the Constitution of Kenya which recognizes that “parties to a marriage are entitled to equal rights at the time of the marriage, during marriage and at the dissolution of the marriage”
…………. No spouse who is capable of earning should be allowed to shirk his or her responsibility to support himself or herself or turn the other spouse into a beast of burden
but where a spouse deserves to be paid maintenance in the event of divorce or separation the law must be enforced to ensure that a deserving spouse enjoys spousal support so as to maintain the standard of life he or she was used to before separation or divorce.” ~W N v P B [2013] KEHC 2554 (KLR)

The full Ruling is here👇
eng@2013-08-23" rel="ugc" target="_blank">https://new.kenyalaw.org/akn/ke/judgment/kehc/2013/2554/eng@2013-08-23

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