x Eve Woman Wellness Readers Lounge Leisure and Travel My Man Bridal Health Parenting Reproductive Health About Us Digital News Videos Opinions Cartoons Education U-Report E-Paper Lifestyle & Entertainment Nairobian SDE Eve Woman Travelog TV Stations KTN Home KTN News BTV KTN Farmers TV Radio Stations Radio Maisha Spice FM Vybez Radio Enterprise BULK SMS E-Learning Digger Classified The Standard Group Corporate Contact Us Rate Card Vacancies DCX O.M Portal Corporate Email RMS

Separated couples to now take equal parental responsibilities after divorce, High Court rules

Readers Lounge By Derrick Oluoch
High Court rules that no parent has a superior or inferior burden on a child-support

Both parents will now share the burden of raising their children equally after a divorce, a High Court in Nairobi has ruled.

ALSO READ: Sex education: How to talk to your teenager about sex

The landmark ruling on parenting after separation makes both parents 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 mostly in bids to have them foot all the financial obligations of raising their children.

Justice Abida Ali Aroni, in her ruling, said 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.

In the Act, parental responsibility encompasses all the rights, duties, powers, authority and responsibility that a parent has by law.

Justice Abida Ali Aroni (Photo: David Gichuru)

Justice Aroni was ruling on an appeal by a man challenging a decision by a Magistrate Court demanding that he takes up financial responsibility of his three-year-old son, a task that he deemed overburdening saying the amounts were excessive and beyond his means.

The man had been directed to pay Sh97, 000 as school fees and Sh20, 000 monthly upkeep for the kid. The mother, the lower court ruled, was to offer shelter, clothing and pay the nanny.

ALSO READ: Five tips to teach your child how to save money

However, Justice Aroni 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.”

Share this article


Stay Ahead!

Access premium content only available
to our subscribers.

Support independent journalism
Log in
Support independent journalism
Create an account    Forgot Password
Create An Account
Support independent journalism
I have an account Log in
Reset Password
Support independent journalism
Log in