Lawyer: Why Kanyari won Sky and Danny Victor custody battle over Tash

Sky Victor, the daughter of the late gospel singer Betty Bayo, made a plea this week, asking for help after the court ruled that preacher Victor Kanyari should take full custody of her and her brother.

The teenager insisted that she was not ready to live with Kanyari, claiming the situation is the same for her brother Danny Victor, and that they are comfortable staying with their step-father Hiram Gitau, popularly known as Tash.

The situation has divided opinion among Kenyans with some in support of Sky’s take while others insist Kanyari should be allowed to raise his children.

Amid the debate, legal experts have explained why Tash is fighting a losing battle after the court pronounced itself on the matter.

Prominent advocate Danstan Omari has outlined the statutory framework behind the Children's Court decision granting Kanyari full custody of his two children following the demise of Bayo.

The custody proceedings regarding minors Sky Victor and Danny Victor began after Bayo passed away in November 2025. Prior to her death, the children resided with their mother and Tash who married the gospel singer after separating with the pastor.

The court's directive to award primary custody to their biological father instead of their stepfather sparked intense public discussion across online platforms.

Addressing the controversy, Omari explained that judicial officers are bound by the Children Act, specifically pointing to Section 34(1), which governs parental responsibility when one parent dies.

"Section 34 1 the law says if the mother dies the surviving spouse, that is the father, shall take the full custody of those children,” Omari told Mpasho.

Omari highlighted several key principles under Kenyan family law that guided the court's verdict:

Automatic Custody Transfer: Parental rights and custody legally transfer to the surviving biological father upon the mother's death. Step-Parent Status: A step-parent cannot attain the legal standing of a parent without completing a formal adoption process, which requires the consent of the biological father.

Parental Fitness: Public sentiment or controversy surrounding a parent's lifestyle does not nullify their legal parental rights unless there is clear evidence of harm to the minors. Testamentary Guardianship: Even if a mother designates a guardian in a valid will, that guardian can only hold shared custody alongside the biological father, who retains the right to contest the arrangement.

"Regardless of whether an individual's personal conduct is viewed negatively by the public, such perceptions do not erase his legal standing as the biological father," Omari stated, stressing that courts must enforce statutory law over emotional appeals.

Sky Victor expressed concern after the court ruling, saying the decision went against their personal preferences.

"I love Kanyari as my biological dad, but I was not raised by him and know Dad Tash much better," Sky stated, expressing frustration over the impending relocation.