Court Grants Custody of Children to Biological Father After Their Mother’s Death

The High Court in Milimani granted legal and actual custody of two minor children to their biological father after their mother died. The children had been living with their stepfather, who had raised them and argued that they should remain in his care; both children also said they wanted to stay with him. Their move to their father’s care must be gradual under a transition plan that a children’s officer is to file within 14 days, addressing their welfare, schooling and relationships. The father is entitled to regular contact in the meantime, and the judge directed both parents to meet the children’s reasonable and necessary needs.