Kanyari gets custody of Betty Bayo's children

A Nairobi court has granted Pastor Victor Kanyari custody of Betty Bayo’s two children despite their strong wish to remain with their stepfather.

Dagoretti Magistrate Casmir Augustine Obiero ruled that Kanyari, the children’s biological father, has the stronger claim to legal custody following the death of their mother, gospel musician Beatrice Wairimu Mbugua, popularly known as Betty Bayo.

However, the court directed that the children remain with their stepfather, Hiram Gitau, popularly known as Tash, pending the implementation of a transition plan.

“The Plaintiff has the stronger claim to legal custody as the children’s surviving biological parent,” the magistrate stated in the judgment delivered on October 26, 2026.

The court ordered the Children Officer in Kiambu to prepare and file a written transition plan within 14 days, addressing the children’s emotional welfare, schooling, transportation, communication with both parties and the gradual development of Kanyari’s caregiving role.

The officer was directed to consult the children in an age-appropriate manner and consider their views.

The ruling followed a bitter custody dispute between Kanyari and Tash, who told the court that he had been part of the children’s household since 2020 and had undertaken much of their daily care.

The children, aged 13 and 10 when they testified, told the court they wished to remain with Tash and did not want to live with their biological father.

The teenage daughter described Tash as a trusted parent and confidant who had cared for her and her younger brother following their mother’s death.

The younger child also testified that Tash treated him well and was always there for him.

The magistrate said the children’s wishes were important but could not, on their own, displace their father’s parental responsibility.

“The Plaintiff’s parental responsibility cannot be displaced simply because the children presently prefer to live with the Defendant,” Obiero ruled.

"Kanyari must have a real opportunity to rebuild and develop his relationship with them, and to discharge his parental responsibilities.”

Kanyari told the court that he had provided for the children, including paying school fees and meeting expenses for clothing, food, medical care and travel.

However, he acknowledged that he had not paid school fees from around September 2025, explaining that he would pay once he had taken full responsibility for them.

Tash, on his part, said he had paid school fees and other expenses.

He admitted transferring the children from Woodcreek School to Noblegate International School without Kanyari’s consent or prior court approval.

The magistrate found that neither party’s account of financial contributions fully resolved the dispute over the children’s needs.

The court also found that Tash had not established legal parenthood through adoption, guardianship or another formal legal process.

His alleged customary marriage to Bayo was not proved.

The magistrate further ordered both men to facilitate reasonable communication, ensure the children’s education and essential needs were met, and refrain from disparaging each other in the children’s presence.

Neither party may remove the children from Kenya, change their school or relocate them outside the court’s jurisdiction without the other’s written agreement or permission from the court.

The Children Officer must file an implementation report within 30 days, while each party will bear their own legal costs.

The magistrate said the children’s welfare, stability and emotional adjustment must guide the transition following the death of their mother on November 10, 2025.