This archive report was first published on 27 June 2020.
On June 27, 2020, Justice Abida Ali Aroni delivered a landmark ruling that is set to change the way child support is handled in Kenya. The ruling, which has far-reaching implications for separated couples, emphasizes the importance of shared parental responsibility.
According to the ruling, both parents will now be responsible for their child's financial expenses, effectively making them equal partners in raising their child. This shift in approach is a significant departure from the traditional practice, where the father was often expected to bear the sole responsibility of child support.
Justice Aroni's ruling was in response to an appeal by a man who was ordered to pay Sh. 97,000 as school fees and Sh. 20,000 monthly upkeep for his three-year-old son. The mother was to provide shelter, clothing, and pay the nanny. However, the judge noted that both parents were employed and had substantial income, making it unfair for one to bear the entire burden.
“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,” Justice Aroni said, quoting Section 24 of the Children Act.
As a result of the ruling, the man and his wife were directed to equally share school fees and school-related costs for the minor until further orders of the court. The judge also reduced the man's monthly maintenance duty for the child to Sh. 10,000, which will cover the costs of food and clothing for the minor pending the hearing and determination of the appeal.
