Court of Appeal makes landmark ruling on a case of a Kenyan father who was denied access to his child over unpaid dowry

Friday, April 10, 2026 - In a landmark judgment, the Court of Appeal in Nyeri has ruled that a father cannot be denied custody or access to his child simply because he has not paid dowry.

The ruling, delivered on March 27^th, 2026, has sparked conversations about the intersection of culture, law and parental rights.

The case involved a dispute between a biological father and the child’s grandparents, who had cared for the minor since the mother died during childbirth.

Initially, the father allowed the grandparents to stay with the child while he handled hospital bills and funeral arrangements.

After remarrying and settling down, he sought custody, but the grandparents refused, insisting that dowry for their late daughter had to be paid first.

Although the father eventually paid the agreed amount, the grandparents still withheld the child, prompting him to seek legal redress in 2017.

In their defense, the grandparents argued that he had failed to consistently support the child and had not met cultural obligations.

After years of hearings, the court ruled in favor of the father, noting his stable income and ability to provide for the child.

“I find that the appellant, being the undisputed father of the minor, is the right person to have the legal and actual custody of the minor.”

“It is not only morally wrong but unlawful to deny the father of the child who is alive and readily willing to take care of the child,” the judges stated.

The court emphasized that cultural practices such as dowry cannot override constitutional rights, reiterating that the best interests of the child must always come first.

The Kenyan DAILY POST