Man loses bid to evade child upkeep

Men have often found it hard to part with cash for the upkeep of their children. In one such case, a man earlier directed by the Children’s Court in Nairobi to pay Sh31,000 each month for the upkeep of a child lodged an appeal in the High Court challenging the order.

According to court documents, the order gave the man access to the minor, within reasonable modalities, while the mother) retained custody of the two-year-old child. The man was ordered to pay Sh10,000 in monthly child support, Sh3,000 for househelp expenses, Sh8,000 for food, and Sh5,000 for shopping, as well as cater for the child’s healthcare.

The mother of the minor, was on the other hand, expected to provide shelter, while clothing costs for the child were to be shared equally by both parties.

The appellant, however, contested the order on grounds that the amount was ‘excessive and the respondent’s contribution was not factored in nor the appellants means considered.’

Although the father of the child argued that his gross salary of Sh30,000, (that subsequently dropped to 26,000 as net salary per month), was inadequate to meet the orders issued, it was countered by the mother who argued that he was the proprietor of a company (particulars withheld) and could afford to pay the amount directed by the court.

She further argued that a DNA test ordered by the court had proved that the man was the child’s biological father.

When the matter came up for hearing in the lower court neither the man nor his lawyer showed up, resulting in the orders issued by the Children’s Court.

In his ruling Justice W. M. Musyoka noted that the subject of appeal, in this case, is a child and that the orders earlier made by the Children’s Court were for the child’s benefit. He cited Section 6 and 23 of the Children Act that provide for parental care and parental responsibility, which includes duty to maintain the child. In dismissing the appeal, the judge noted that the court must act in the best interest of the child and found no basis to ‘stay’ orders meant for a child’s welfare.