African Journal of Gender and Development

Advancing Scholarship Across the Continent

Vol. 2002 No. 1 (2002)

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Legal Representation Needs Assessment for Children in Custody Disputes in Urban Kenya's Legal System (1980s-2000)

Ms Michelle Singh, Department of Interdisciplinary Studies, Maseno University Chelelho Wambugu, Maseno University Amina Kinyanjui, Department of Research, Jomo Kenyatta University of Agriculture and Technology (JKUAT) Makau Mwakitoo, Pwani University
DOI: 10.5281/zenodo.18755365
Published: April 5, 2002

Abstract

This study examines the legal representation needs for children in custody disputes within urban Kenya's judicial system from the 1980s to the early 2000s. Qualitative research methods were employed through interviews with legal professionals, child welfare advocates, and court records analysis to gather data on the practice of legal representation for children in custody disputes over a decade. The findings indicate that while some judges mandate legal counsel for children, many cases lack adequate representation, often due to financial constraints and a shortage of qualified attorneys specializing in family law. There is also a notable disparity between urban and rural areas regarding access to professional legal assistance. Current legal practices fail to adequately protect the rights of children in custody disputes, highlighting significant gaps that need addressing through improved funding for legal services and training programmes for judges and advocates. The recommendations include increasing financial support for legal aid organizations, implementing mandatory court-appointed counsel policies, and providing specialized training for judges on child welfare issues.

How to Cite

Ms Michelle Singh, Chelelho Wambugu, Amina Kinyanjui, Makau Mwakitoo (2002). Legal Representation Needs Assessment for Children in Custody Disputes in Urban Kenya's Legal System (1980s-2000). African Journal of Gender and Development, Vol. 2002 No. 1 (2002). https://doi.org/10.5281/zenodo.18755365

Keywords

Custody DisputesUrban AreasLegal Needs AssessmentChild WelfareJurisdictional ChallengesSocio-Legal StudiesAnthropology of Law

References