Family separation often brings many challenges, and one of the most sensitive issues is how parents should support their children financially.In
Kenya, disagreements over child maintenance have for a long time caused tension between separated couples. Many fathers have argued that courts often place the full financial burden on them, even in situations where both parents earn a stable income. This feeling of unfairness has led to public debate and growing concern about balance and equality in family law.
A recent High Court decision in Nairobi has offered important guidance on this matter. The ruling was delivered in the case of JNM v LGM (Appeal E107 of 2024) [2025] by Justice Helene Namisi on December 5, 2025. The case involved two parents who were both working and earning almost the same salary. After their separation, the mother moved with their two children from their family home in Kilimani to Ongata Rongai. A lower court later ordered the father to pay most of the children’s expenses, including school fees, transport, and clothing.
The father challenged this decision, saying it was unfair and placed an unreasonable financial load on him. He argued that he was being forced to pay for choices he did not make, especially the move that increased transport costs for the children. The High Court agreed with his concerns and used the case to clarify how shared parental responsibility should work.
Justice Namisi explained that shared parenting means both parents must contribute according to their ability.The
The court made it clear that the law does not support a situation where one parent is treated as the sole provider when both parents are capable of supporting their children. The judge stated that financial contributions should be realistic, fair, and focused on the needs of the children rather than punishing one parent.The court also noted that the mother’s decision to move farther away from the children’s original school led to higher transport costs. These extra costs, the judge said, should not automatically be placed on the father. Instead, responsibility should reflect the choices made by each parent and their financial capacity.
In setting new terms, the court ruled that the father would continue paying school fees and related school costs such as lunch and activity fees. The mother, on the other hand, would be responsible for daily school transport and clothing for the children when they are in her care. Both parents were ordered to maintain medical insurance for the children and to share school holidays equally.
On the issue of custody, the court rejected the mother’s request for full custody. Justice Namisi affirmed that both parents would retain joint legal custody. The judge also dismissed the old belief that young children should always stay with their mothers, pointing out that the Constitution gives equal rights and responsibilities to both parents.
This judgment marks an important step in Kenya’s family law. It reinforces the idea that caring for children after separation is a shared duty. The ruling aims to protect the welfare of children while ensuring that both parents remain responsible, involved, and fairly treated.
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