Vol. 2002 No. 1 (2002)
Legal Representation Needs Assessment for Children in Custody Disputes in Urban Kenya's Legal System (1980s-2000)
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.