Contrary to common belief, Kenyan law dictates that a child belongs equally to both parents, with custody decisions solely based on the child's best interests during separation or divorce. City Lawyer Danstan Omari explains this by likening it to a company with 50% shareholding for each parent.

• Section 103 of the Children's Act guides courts in assessing factors like parental conduct, community opinion, and a child's wishes (for those over 11 years old).
• Courts consider parents' ability to ensure the child's safety, capacity to provide, and the importance of keeping siblings together.
• Less common but still relevant are cultural practices that might influence a child's best interests.