Sunday, January 11,
2026 - When couples separate, one of the most contentious issues is child
maintenance - who pays for what, and how much.
For years, many Kenyan fathers have complained about being
expected to shoulder nearly all expenses, even when both parents have stable
incomes.
In a landmark ruling, the High Court in Nairobi has now
clarified that parental responsibility must be shared.
The decision, delivered by Justice Helene Namisi on December
5th, 2025, in JNM v LGM (Appeal E107 of 2024), reset the rules on
fairness in child support.
The case involved a couple earning nearly identical
salaries.
After separation, the mother relocated with their two
children from Kilimani to Ongata Rongai.
A lower court had ordered the father to cover nearly all
child-related costs, including school fees, transport and clothing.
Arguing that he was being punished financially for decisions
he did not make, the father appealed.
Justice Namisi agreed, ruling that shared parenting requires
both parties to contribute fairly based on their means.
“The
law does not intend to turn one parent into an ATM,” the judge stated.
“Where
both parents have the means, contribution must be fair, realistic, and focused
on the child, not on punishing one parent.” she stated.
The court also noted that the mother’s decision to move far
from the children’s original school created extra transport costs, which should
not automatically fall on the father.
Under the new arrangement, the father will continue paying
school fees and related costs, while the mother will cover daily transport and
clothing.
Both parents must maintain medical insurance and share
school holidays equally.
Importantly, the court rejected the mother’s cross-appeal
for full custody, affirming joint legal custody and equal parental rights under
Kenya’s Constitution.
This ruling is a milestone for family law and gender
fairness, ensuring child welfare remains central while keeping both parents
accountable after divorce.
The Kenyan DAILY POST
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