Following the passing of Kikuyu gospel singer Betty Bayo in November 2025, a legal dispute arose regarding the custody of her two children, Sky Victor and Danny Victor. Before her death, the children had resided with Betty Bayo and her second husband, Hiram Gitau, widely known as Tash.
The Children's Court subsequently awarded full primary custody to their biological father, Prophet Victor Kanyari. The ruling triggered widespread discussion across social media platforms, with commentators questioning why custody was granted to Kanyari rather than Tash, who had helped raise them.
Legal Basis Under Section 34(1)
In response to public debate, advocate Danstan Omari provided a legal breakdown explaining the statutory framework that guided the court's ruling. He pointed directly to Section 34(1) of the Children Act.
According to Omari, the law establishes clear rules regarding parental rights when a mother dies.
"Section 34 1 the law says if the mother dies the surviving spouse that is the father we shall take the full custody of those children,” lawyer Danstan Omari said.
Omari explained that Section 34(1) grants automatic parental responsibility to the surviving biological father upon the mother's death. He stated that public sentiment or opinions about a parent's personal life do not alter these legal rights.
Key Legal Statues and Principles
Omari outlined several legal standards that govern custody decisions under Kenyan family law:
Section 34(1) Automatic Transmission: Legal custody transfers directly to the surviving biological father upon the mother's death.
Testamentary Guardianship: If a mother appoints a guardian through a valid will, that guardian shares 50 per cent custody with the biological father, subject to the father's right to object.
Fitness Standard: Public controversy or personal behaviour does not disqualify a biological father unless there is evidence, he harmed the children.
Adoption Requirement: A step-parent can only obtain full status as a legal father if they complete a formal court adoption with the biological father's consent.
"If his behavior is repugnant to you or to the public, that behavior does not stop Kanyari from being the father of these children."
Omari emphasized that the court must follow statutory legal provisions rather than public opinion. Unless a step-parent has legally adopted the children or harm is proven, the biological father retains primary parental rights.
Social Media Reaction and Children's Response
The verdict prompted a public response from Sky Victor, who shared her feelings about the court's ruling. She explained that she and her brother had been involved in court proceedings for nearly a year while grieving their mother.
"I love Kanyari as my biological dad, but I have not grown up with him, and I don’t know him as much as I know Dad Tash!" Sky Victor said.
Sky expressed her love for her biological father, but noted that the outcome differed from what she and her brother had hoped for. She raised concerns about transitioning to an environment she was less familiar with after living with Tash.
"This judgment was made against our own wish,” she added.
