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January 11, 2026
8h ago

Explained: Court Clarifies What Mothers and Fathers Must Pay After Separation

Explained: Court Clarifies What Mothers and Fathers Must Pay After Separation

The court noted that shared parental responsibility does not mean punishing one parent financially while excusing the other...

✨ Key Highlights

The High Court in Nairobi has issued a landmark ruling clarifying child maintenance responsibilities after separation, stating that parental duty must be shared fairly based on each parent's means, rather than placing the burden solely on one parent.

  • The ruling came in the case JNM v LGM (Appeal E107 of 2024) [2025], delivered by Justice Helene Namisi on December 5, 2025.
  • The court overturned a lower court's decision that ordered a father, earning a similar salary to the mother, to pay nearly all child-related costs for their two children.
  • Justice Namisi ruled that "Where both parents have the means, contribution must be fair, realistic, and focused on the child, not on punishing one parent."
  • The father will cover school fees and related costs, while the mother will be responsible for daily school transport and clothing while the children are in her custody.
  • Both parents retain joint legal custody and must share medical insurance and holiday time equally.

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