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

Child maintenance disputes have long been one of the most sensitive issues following separation or divorce in Kenya. 

In many cases, fathers have complained that courts often place the full financial burden on them, even when both parents are earning stable incomes. 

A recent High Court ruling in Nairobi has now offered fresh clarity on this long-standing debate.

In a landmark judgment delivered on December 5, 2025, the High Court ruled that financial responsibility for children must be shared fairly between parents, depending on their individual abilities. 

The decision was made in the case of JNM v LGM (Appeal E107 of 2024) and was delivered by Justice Helene Namisi.

The case involved a couple who had separated after having two children together. Both parents were earning almost equal salaries. 

After the separation, the mother relocated with the children from Kilimani to Ongata Rongai. 

A lower court later ordered the father to pay nearly all the children’s expenses, including school fees, transport, and clothing.

The father challenged this ruling, arguing that it was unfair and financially punishing, especially since he had not been involved in the decision to move the children far from their original school. 

He maintained that shared parental responsibility should also mean shared financial obligations.

While hearing the appeal, Justice Namisi agreed with the father’s argument and overturned parts of the lower court’s decision. 

In her ruling, the judge emphasized that shared parenting is not just a legal phrase but a practical responsibility that must reflect fairness.

“The law does not intend to turn one parent into an ATM,” Justice Namisi stated. 

She explained that where both parents are financially capable, each must contribute reasonably and realistically to the upbringing of their children. 

The focus, she added, should always be the best interests of the child and not punishing one parent for choices made by the other.

The court also addressed the issue of additional costs arising from personal decisions. Justice Namisi ruled that the mother’s choice to move far from the children’s original school created extra transport expenses, which should not automatically be imposed on the father.

As a result, the court restructured the financial responsibilities. The father was directed to continue paying school fees and related costs such as lunch and activity fees. 

The mother, on the other hand, was ordered to cater for daily school transport and clothing while the children are under her care. 

Both parents were instructed to maintain medical insurance for the children and to share school holidays equally.

On custody, the court rejected the mother’s request for full custody and affirmed that both parents would retain joint legal custody of the minors. 

Justice Namisi dismissed the outdated belief that young children should always remain with their mothers, noting that Kenya’s Constitution guarantees equal parental rights and responsibilities.