CLA News / Report on the Family Law Symposium Nairobi,1st-7th September 2025 by Opiyo Ochieng
The International Academy of Family Lawyers (IAFL) in conjunction with the Commonwealth Lawyers Association (CLA) and the East Africa Law Society (EALS) organised two symposia in Nairobi on 1st and 2nd September, 2025. These conferences were side events to IAFL Annual General Meeting in Nairobi which began on 3rd September, 2025 at the Trademark Hotel, Nairobi. Additionally, the conference deliberated on birth registration (including referencing the work being undertaken currently by CLA), and presented Early Career Awards to young lawyers practicing family law within different jurisdictions.
1. Nairobi Law Students Day
The 1st symposium – The East Africa Law Student Symposium on Family Law – invited students to make presentations on selected papers on family law. The theme for the symposium was: “The Future of Family Law.” The students’ day at Riara University provided a platform for law students to engage with issues reflecting on evolution of societal norms and global challenges such as climate change, technological advancements, and shifting family structures.
Generally, the student day achieved its objectives aimed at exploring subjects such as health, child participation, gender-based violence (GBV), education and alternative justice systems so as to foster innovative solutions to contemporary challenges that affect the future of family law. A total of 12 papers were carefully selected by the organisers from Kenya in collaboration with other partners. Students also benefited from mentorship and networking from a pool of experts drawn from IAFL, CLA, East Africa Law Society; Law Student Association of Kenya (LSAK); Wakili wa Watoto Club; the judiciary of Kenya and law lecturers.
🎓 The symposium empowered the next generation of family lawyers to think innovatively about justice, equality, and the evolving dynamics of family law.
2. Commonwealth Lawyers Association, East Africa Law Society and IAFL Symposium
The 2nd symposium was organised in collaboration with the East Africa Law Society and featured the presidents of the Law Society of Kenya, East Africa Law Society and IAFL as well Maria Mbeneka, the Treasurer to the Commonwealth Lawyers Association. The symposium was well attended by legal professionals from diverse backgrounds. In 7 sessions, experts presented on topics such as gender inequality in Family Law in Africa; cross border AJS and NCDR; UN Committee on the Rights of the Child; Hague Conventions in Africa: adoption, abduction and child supportive Conventions; child rights’ implementation, data, identity and protection, and surrogacy and reproductive rights.
The sessions attracted top legal experts from Africa and across the globe. Judges from apex courts in South Africa, Montenegro, Serbia, Canada and Kenya were present at the IAFL conference thus offering reflections on family law from a judicial angle. There was participation from political leaders in Kenya and a celebration of the work undertaken by The Cradle, a Kenyan charity focused on protecting and promoting the rights off children in Kenya. Networking coffee breaks, lunch and drinks receptions also provided opportunities for interaction among attendees.
⚖️ The symposium reinforced Africa’s leadership in advancing inclusive and progressive family law systems.
Accelerating Birth Registration in the Commonwealth
The Birth Registration Project represents a CLA contribution to improving child rights in the Commonwealth and the implementation of the Kigali Declaration on Child Care and Protection Reform which was issued by Commonwealth Heads of Government in 2022. The project focuses on securing the legal identity of children in the Commonwealth through birth registration and provision of a birth certificate. This project aligns with SDG 16.9 – legal identity; is part of a wider global development priority to improve and strengthen Civil Registration and Vital Statistics (CRVS) systems in low- and middle-income countries; and the Legal Identity Agenda by the United Nations.
The IAFL event featured discussions on birth registration particularly from the Child Protection Regional Advisor from UNICEF Eastern and Southern Africa Office (Kenya). UNICEF estimates that the births of 150 million children under the age of 5 – around 2 in 10 – are still not registered. A further 55 million are reported as registered but lacking proof via a birth certificate. There is considerable variance in rates of registration in the different regions of the world – from 100% in North America, Europe and Australia/New Zealand, to 51% in sub-Saharan Africa and 26% in Oceania. Over half of the global number of unregistered children live in low- and medium-income Commonwealth countries – in parts of Africa – especially East Africa – and South Asia and the Pacific islands.
Some of the challenges facing birth registration include absent, outdated or discriminatory legal frameworks and practices. Besides, some cultural practices and laws also constitute barriers to birth registration. These include cultures which bar single mothers from registering the child in the absence of the father. Other customs defer a child’s naming ceremony to days or even weeks post the child’s birth. This suspends registration until a name is arrived at, at a later date. Considering that most registrations start at maternity hospitals and health centers, deferred naming means that the birth notification will not be issued to enable the parents to commence the registration.
🍼 Strengthening civil registration systems is essential for ensuring every child’s right to identity, protection, and access to services.
Early Career Awards
IAFL Nairobi conference also brought in 9 winners of the IAFL Early Career Award. The Award’s main objective is to encourage the best lawyers to stay in family law as their careers develop, and be ready to contribute to the work that is central to the IAFL’s purpose – to improve the practice of law and the administration of justice in the area of divorce and family law throughout the world. The Award is significant given that the winners were majorly from Africa with the majority emerging from the East African countries of Kenya (4); and 1 each from Uganda, Rwanda, Burundi and South Africa.
Tapping the best legal minds among the young professionals provides a platform for networking opportunities for CLA and IAFL. This Award encourages young professionals especially from low-income countries within the commonwealth to not only participate but contribute to the development of the rule of law across nations.
🌍 The awards strengthen the global network of young legal minds, advancing the rule of law and excellence in family justice.
Conclusion
The Nairobi 2025 conference was a resounding success. Under the leadership of IAFL President Rachael Kelsey (Scotland), who also serves on the CLA Family Law Committee and the CLA Birth Registration Working Group, the conference set new standards for collaboration, innovation, and inclusion in family law worldwide.
Opiyo Ochieng
CLA Family Law Committee and the co-recipient of the inaugural IAFL Early Career Award in 2024
