The Children Act 2022 (repealing and replacing the Children Act 2001) significantly modernised Kenya's child law framework, strengthening child rights protections and reforming the law on guardianship, custody, parental responsibility and adoption. This guide provides an overview for parents, guardians and families.
Parental Responsibility
Under the Children Act 2022, both parents of a child — whether married or not — have equal parental responsibility. Parental responsibility means all the rights, duties, powers and responsibilities a parent has in relation to a child, including decisions about education, healthcare, religion and residence.
Guardianship
A guardian is a person appointed (by the court or under a will) to exercise parental responsibility for a child when neither biological parent can do so. Parents can appoint testamentary guardians in their wills. The court will appoint a guardian where there is no surviving parent and no testamentary appointment, applying the best interests of the child as the paramount consideration.
Custody and Care Arrangements
On family breakdown, courts determine custody (primary care) and access arrangements based on the best interests of the child. Factors include: the child's age, the existing attachment relationship, each parent's ability to provide for the child's physical and emotional needs, and the child's own wishes (depending on age and maturity).
Financial Provision for Children
Both parents have a legal duty to maintain their children. The Children's Court can make maintenance orders against either parent, including orders for lump-sum payments, school fees, medical expenses and housing. Failure to comply with a maintenance order is contempt of court.
Adoption
Adoption in Kenya is governed by the Children Act 2022 and requires a court order. Both Kenyan and intercountry adoptions must follow prescribed procedures and are subject to the supervision of the National Council for Children's Services.