This archive report was first published on 24 June 2020.
On June 24, 2020, the High Court in Nairobi made a landmark ruling on parenting after separation, stating that both parents are responsible for their child(ren) without either being compelled to singlehandedly bear the burden of child support.
This decision comes as a relief for people who have been sued by their former partners in bids to have them foot all the financial obligations of raising their children.
Justice Abida Ali Aroni ruled that separated couples should carry out parental responsibilities of their children jointly, and in particular shoulder financial expenses together.
“Where a child’s father and mother were married to each other at the time of his birth, they shall have parental responsibility for the child and neither the father nor the mother of the child shall have a superior right or claim against the other in exercise of such parental responsibility.” Justice Aroni said, quoting Section 24 of the Children Act.
She noted that both parents are employed and have income, and therefore needed to share the responsibilities equally.
“Both parties are in salaried employment and earn substantial income so that none of them should be hard-pressed to take up a higher responsibility than the other. Both should realise that it is not the same since their divorce and they should as of necessity build consensus on which school they will both be comfortable to pay.”
