This archive report was first published on 30 October 2019.
On October 30, 2019, a concerned parent reached out to the Legal Resources Foundation Trust, seeking guidance on how to compel their child's father to pay child support.
The parent had provided information about the father's employment on multiple occasions, but he had consistently avoided making payments. The father had even claimed that he was working for his own company, making it difficult to obtain payment.
The parent was frustrated and wondered why the father was not being held accountable for his actions. They also questioned why the father's license was not being suspended until payment was received.
Understanding Parental Responsibility in Kenya ¶
Article 53 of the Constitution of Kenya 2010 guarantees every child the right to parental care and protection, regardless of the parents' marital status. The Children Act further outlines parental care to include provision of basic needs, education, health care, and guidance.
Parental responsibility is automatic and self-activating, meaning that both parents are responsible for providing for their child's needs. If one parent abdicates their role, the other parent can seek child maintenance orders through the High Court.
Seeking Child Maintenance Orders ¶
However, courts should be a last resort, as alternative dispute resolution mechanisms, such as those offered by the Directorate of Children Services, have proven effective in resolving child support disputes.
Ultimately, the parent seeking child support should consult with an advocate and consider filing a petition in court to seek child maintenance orders.
Eric Mukoya, Executive Director of the Legal Resources Foundation Trust, offers guidance on navigating the complex process of enforcing parental responsibility in Kenya.
