Lawyer Danstan Omari has revealed the one legal move that Hiram Gitau, popularly known as Tash, can make if he wants to overturn the court ruling granting Pastor Victor Kanyari custody of Betty Bayo’s children.
Speaking in a TikTok video posted on October 28, 2026, via the Court Helicopter channel, Omari said Tash has solid grounds to appeal to the High Court and the appeal has a genuine chance of succeeding.
At the heart of Omari’s argument is Section 104(c) of the Children’s Act, which he says prevents a court from removing a child from a home where they have lived for more than three years.
He explained that the law is practical – a child who has spent that long in one place has built a routine, formed friendships, settled into a school, adopted a diet, and possibly embraced a religious identity. Uprooting them disregards all those foundations.
Omari also challenged the magistrate’s court on the children’s own expressed wishes. The children, Sky and Danny Victor, have reportedly said they do not want to go to Kanyari.
“If these kids are forced to go to Kanyari by the police, then they jump out of the window, what will happen?” Omari posed, underlining the potential human cost of ignoring the children’s voices.
He made it clear that a step-parent acquires full legal father status only through formal court adoption, and that process requires the biological father’s consent. Guardianship or day-to-day care alone does not replace biological parental responsibility.
The Dagoretti Magistrate’s Court had on October 26 granted Kanyari full custody of his two children with the late gospel singer Betty Bayo. The court however ordered that the children remain with Tash pending a transition plan by Kiambu children’s officers, who are to consult the children in an age-appropriate manner.
Omari said if Tash appeals to the High Court, he should focus on Section 104, the best interests of the child principle under Article 53 of the Constitution, and present a child psychologist’s report on the emotional impact of moving the children.
He also noted that if Bayo had appointed a testamentary guardian in a will, the situation might have allowed shared responsibility, but no such appointment appears in the public record.
The case has divided Kenyans, with many supporting Sky and Danny’s wish to stay with Tash who raised them after their mother passed away in November 2025.