Wanjiru Kanyi Law

31/08/2026

SOLE CUSTODY
ABSENTEE PARENT
CONSENT TO TRAVEL OR RELOCATE WITH CHILD/REN ABROAD.

Any parent whose name appears on a child’s birth certificate will be required to give/sign a consent when the other parent needs to travel with the child out of the country.

Problems arise where the parent has been absent in the child’s life and is not involved in the child’s upbringing and maintenance.

It is very likely that the said absentee parent will endeavor to frustrate the parent needing to travel with the child by refusing to give consent or cannot be traced.

Most mothers end up taking the misguided alternative to attempt and “amend” the birth certificate by removing the name of the father.

Kindly NOTE that a parent’s name cannot be successfully and legally removed from birth certificate.

It might be done through dubious means but the Immigration Department has access to the original birth records and presenting such an altered birth certificate amount to forgery which is an offence under Kenyan Law.

WHAT TO DO?

Anyone raising children below the age of 18years on their own should to apply for SOLE CUSTODY of the said children at the Children’s’ Court.

Having sole custody means that you are solely responsible of decision making, maintenance, possession and upbringing of the child.

You do not need the absentee parent’s consent to travel or relocate with the with the child abroad if you have sole custody of the child/ren.

You have to show in the said Application that the absentee parent’s presence can be dispensed with without interfering with the best interests of the child.

After a successful application of Sole Custody of the minor, the Court issues the parent with a Custody Order which is inturn presented at the relevant embassy to show that the parent has the full care and control of the child.

Sole Custody can only be conferred upon someone by way of a COURT ORDER.

Feel free to comment, add, enquire or share personal experiences.

You can also reach out to us for a consult.

DISCLAIMER:
The information provided herein is intended solely for educational purposes and does not constitute legal advice, legal opinion, or the creation of an advocate-client relationship.

Readers are encouraged to seek independent legal advice tailored to their specific circumstances before taking or refraining from any action based on the information provided.

For the avoidance of doubt, this communication does not address legal fees, charges, or professional costs. Any discussion regarding legal fees shall be undertaken separately upon formal instruction and after consideration of the specific facts and scope of work involved.

Wanjiru Kanyi
Advocate.

21/07/2026

PROTECTION ORDERS(Domestic Violence)

How do you know you are being abused?

"But Wakili, he hasn't hit me yet."

Is one of the most dangerous sentences Wakili's hear in cases of domestic abuse.

Most victims rarely know what to do next when there's is absence of physical violence.

The law does not require a victim of domestic violence to wait until they are assaulted before seeking the court's protection.

Under the Protection Against Domestic Violence Act, 2015, domestic violence extends beyond physical assault.

It includes threats of violence, intimidation, harassment, stalking, emotional and psychological abuse, economic abuse, damage to property, and any conduct that harms or is likely to cause imminent harm to a person's safety, health, or well-being.

Where there is evidence of domestic violence or a genuine threat of it, the court may issue a PROTECTION ORDER to safeguard the victim.

Such orders can prohibit the abuser from threatening, harassing, stalking, contacting, or even approaching the protected person or their home, workplace, or other places they frequently visit.

Often, victims wait for the first blow because society rarely validate violence that leaves no mark.

That misconception has sadly costed a lot of lives.

Remember,domestic violence is can happen to any one man, woman,child.

10/06/2026

GUARDIANSHIP IN BLENDED FAMILIES
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Contracts &,Leases Agreements
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0792-932-136

10/06/2026

GUARDIANSHIP IN BLENDED FAMILIES:
ACQUIRING RIGHTS AND RESPONSIBILITIES OVER A STEP-CHILD/REN AS A STEP-PARENT.

In blended families, stepparents often play a significant role in raising and caring for stepchildren.

However, marriage to a child's parent does not automatically confer parental rights or legal authority over the child.

Under Kenyan law, a stepparent may apply to be appointed as a guardian of a child where the circumstances justify such an appointment and where it is in the child’s best interests.

Guardianship may be particularly relevant where:
• A biological parent is deceased, absent, or unable to care for the child.
• The stepparent has assumed a parental role in the child’s daily life and upbringing.
• There is a need for a legally recognised person to make decisions relating to the child’s welfare, education, healthcare, and general upbringing.

A guardian assumes important legal responsibilities towards the child and may be empowered to make decisions affecting the child’s welfare, subject to the law and the terms of the appointment.

In all applications for guardianship, the court’s guiding principle is the best interests of the child, it is child-centred and guided by the Children’s Act and court’s discretion.

Wanjiru Kanyi
Advocate.

08/06/2026

FILING FOR A DIVORCE AND REMARRIAGE.

The option of divorce in Kenya is available for marriages that have irretrievably broken down.

Also,marriage means actively doing life together as a husband and wife,conjugal rights etc,there are those who marry under influence and then separate, both have moved on but one still wants to tie the other down.Such a marriage is considered as irretrievably broken down and should be dissolved to release the parties.

Also,in Kenya,there is nothing like,refusing to sign divorce papers.All you need to do is ensure they get the documents and show the Court that you served them by doing a return of service.(Affidavit of Service)When the time lapses for them to respond,the matter will proceed without them.

As we had stated in an earlier post,one cannot contract another marriage if a previous one is not dissolved.

One has to have grounds for the divorce such as cruelty, desertion,denial of conjugal rights,extreme depravity etc.

One can self represent in divorce but it is advisable to have legal representation and have a certified process server to deliver documents to the other party.

If one intends to seek divorce,they should first find an alternative place to live,since the process is emotive and adversarial.

You need proof of marriage,that is marriage certificate,if the original is not available you can provide a certified copy.

If you absolutely have none of the above,file the Petition and request the Court to order for a copy to be availed to you either by the Church or Registrar of Marriages.

You must provide proof of existence of the grounds you are relying on.

The documents filed have to be served/availed to the other party and they have a right to respond.

Divorce is adversarial,you cannot both go to court and inform the Court you have 'agreed to divorce'.It has to arise from an action of one party that negatively affects another.

Upon service and response of the Respondent(the party sued)you have to apply to Court for registrars certificate to get a date for hearing.

Divorce Hearings lay everything out,nothing is left out,you can request the Court for your case to be heard in the presence of only you,the respondent,witnesses,you lawyers and the Magistrate.

The divorce case will not decide of matters of Children,Custody and Maintenance or Division of Property.Its work is just to dissolve the marriage.

Only file for divorce if you are absolutely sure you need the marriage dissolved,it is not uncommon to see parties back together and expecting a child in the middle of trial.

The final document that you should have is a Decree Absolute,that is to the effect of dissolving the marriage.

Some divorces are straightforward,some respondents don't even participate in the proceedings,nor respond to proceedings,others are a tasking process.

After the divorce,one can remarry and formalize a marriage anytime they so wish.

Oh,you can also remarry ypur recently divorced ex-spouse because ,humans have free will.

Have good day!

DISCLAIMER.
The information provided herein is intended solely for general informational and educational purposes and does not constitute legal advice, legal opinion, or the creation of an advocate-client relationship.

Readers are encouraged to seek independent legal advice tailored to their specific circumstances before taking or refraining from any action based on the information provided.

For the avoidance of doubt, this communication does not address legal fees, charges, or professional costs. Any discussion regarding legal fees shall be undertaken separately upon formal instruction and after consideration of the specific facts and scope of work involved.

Wanjiru Kanyi, Advocate

05/06/2026

SOLE CUSTODY
ABSENTEE PARENT
CONSENT TO TRAVEL OR RELOCATE WITH CHILD/REN ABROAD.

Any parent whose name appears on a child’s birth certificate will be required to give/sign a consent when the other parent needs to travel with the child out of the country.

Problems arise where the parent has been absent in the child’s life and is not involved in the child’s upbringing and maintenance.

It is very likely that the said absentee parent will endeavor to frustrate the parent needing to travel with the child by refusing to give consent or cannot be traced.

Most mothers end up taking the misguided alternative to attempt and “amend” the birth certificate by removing the name of the father.

Kindly NOTE that a parent’s name cannot be successfully and legally removed from birth certificate.

It might be done through dubious means but the Immigration Department has access to the original birth records and presenting such an altered birth certificate amount to forgery which is an offence under Kenyan Law.

WHAT TO DO?

Anyone raising children below the age of 18years on their own should to apply for SOLE CUSTODY of the said children at the Children’s’ Court.

Having sole custody means that you are solely responsible of decision making, maintenance, possession and upbringing of the child.

You do not need the absentee parent’s consent to travel or relocate with the with the child abroad if you have sole custody of the child/ren.

You have to show in the said Application that the absentee parent’s presence can be dispensed with without interfering with the best interests of the child.

After a successful application of Sole Custody of the minor, the Court issues the parent with a Custody Order which is inturn presented at the relevant embassy to show that the parent has the full care and control of the child.

Sole Custody can only be conferred upon someone by way of a COURT ORDER.

Feel free to comment, add, enquire or share personal experiences.

You can also reach out to us for a consult.

DISCLAIMER:
The information provided herein is intended solely for educational purposes and does not constitute legal advice, legal opinion, or the creation of an advocate-client relationship.

Readers are encouraged to seek independent legal advice tailored to their specific circumstances before taking or refraining from any action based on the information provided.

For the avoidance of doubt, this communication does not address legal fees, charges, or professional costs. Any discussion regarding legal fees shall be undertaken separately upon formal instruction and after consideration of the specific facts and scope of work involved.

SHARE WIDELY.

Wanjiru Kanyi
Advocate.

05/05/2026

You visited a children's home and bonded with a child,you strongly feel a connection and want to take him home and raise him as your own.

Children's & Divorce Lawyer
Succession & Inheritance
Deed Polls
Notary Public & Commissioner for Oaths
Contracts &,Leases Agreements
Employment Law
Small Claims Cases.
Legal Opinions.

For Business & Consults
0792-932-136

05/05/2026

ADOPTION IN KENYA.
Are you;

✔️ A man,married to lady with a child or children for a past relationship?

✔️A step parent and you want to obtain parental rights and responsibilities to you step child.

✔️A lady who has child or children from past relationship,now married and needs to relocate with the children or to have your husband recognized as their father?

✔️Someone who has spotted a child from a children's home or community and would like to raise them as your own?

✔️A person taking care of needy children
/ whose parents are deceased and are your relatives?

✔️A Foreign national married to a Kenya.

Follow and share our Adoption Series on our social.