A shocking High Court ruling in Bungoma has redefined parenthood.

Awarding physical custody of two children to their stepfather instead of their biological father after their mother’s death.

The children, ZAO and JIO, lost their mother in 2021, triggering a fierce custody battle.

Their father, DOI, armed with marriage and birth certificates, an education insurance plan, and proof of financial support, fought for full custody.

But when the children took the stand, their words sealed the case.

“The children testified that they did not know who the appellant was as they had not seen him before.

Their preference was to be in the custody of the respondent,” the judgment read.

Their stepfather, MKC, had been in their lives for nearly a decade, raising them as his own.

While the court recognized DOI’s biological and legal ties, Justice D. Kemei ruled that disrupting the children’s stability would be unjust.

A new era for parenthood

While both men got joint legal custody, the court gave MKC full physical custody, with the biological father limited to supervised visits in Nairobi.

Responsibilities were split DOI covering medical expenses and school fees, while MKC provided daily care.

This landmark ruling shakes the foundation of traditional family law in Kenya, reinforcing that true parenthood isn’t just about DNA.

For ZAO and JIO, the court’s decision wasn’t about biology it was about who was there, day in and day out.