https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/224

Minor) v DG (Children's Case E005 of 2026) [2026] KEMC 224 (KLR) (19 May 2026) (Judgment) Neutral citation: [2026] KEMC 224 (KLR) Republic of Kenya In the Nakuru Law Courts Children's Case E005 of 2026 VO Adet, SPM May 19, 2026 Between EM (Suing as Mother and Next Friend of the Minor) Plaintiff and DG Defendant Judgment 1.This is a claim for maintenance in respect of the minor P.M, born on 29th July 2023. The Plaintiff, who is the biological mother of the minor, moved this Court seeking orders compelling the Defendant, the acknowledged biological father, to discharge his parental responsibility by providing for the minor’s basic needs, including food, clothing, education and medical care. 2.The Plaintiff’s case is that she was in a relationship with the Defendant which resulted in the birth of the minor. She testified that the Defendant acknowledged paternity but has been inconsistent in providing for the child and, following their separation in July 2024, has completely abdicated his parental responsibilities. She further testified that despite efforts to resolve the matter through the Children’s Office, including summons issued on 30th October 2025 and 13th November 2025, the Defendant failed to attend and the matter was referred to the National Legal Aid Service. 3.The Plaintiff told the Court that she is a casual worker whose income is insufficient to meet the needs of the minor and that she has been solely responsible for the child’s upkeep. She nonetheless expressed willingness to contribute towards the minor’s needs by providing shelter at a monthly rent of Kshs. 5,000 and meeting medical needs under the Social Health Authority (SHA), while urging the Court to compel the Defendant to provide Kshs. 10,000 per month for upkeep, school fees and related educational expenses. 4.The Defendant did not enter appearance or tender any evidence to rebut the Plaintiff’s claim despite due notice. The evidence adduced by the Plaintiff therefore remains uncontroverted. 5.The law governing parental responsibility is clear. Article 53(1)(e) of the Constitution of Kenya, 2010 provides that every child has the right to parental care and protection, which includes the equal responsibility of both the mother and father to provide for the child, whether they are married to each other or not. This position is further reinforced under Section 24(1) of the Children Act, 2022 which vests parental responsibility in both parents, and Section 90 thereof which provides that both parents have a joint duty to maintain the child. 6.The duty to maintain a child is not optional and cannot be avoided. It encompasses provision for food, shelter, clothing, education and medical care. In determining the extent of such maintenance, the Court is guided by Section 114 of the Children Act which requires consideration of, among other factors, the income or earning capacity of each parent, the needs of the child, and the principle that responsibility should be shared. 7.In the present case, there is no dispute as to paternity. The Defendant is the biological father of the minor and therefore bears a legal obligation to provide for the child. The Plaintiff has demonstrated that she has been solely meeting the needs of the child and is willing to continue contributing within her means. The Court is satisfied that the Defendant has neglected his parental duty and must be compelled to assume his lawful obligations. 8.The Court has also considered the modest proposals made by the Plaintiff and finds them reasonable in the circumstances, particularly given the young age of the minor and the need to ensure consistent and sufficient provision for her upkeep, health and development. 9.Above all, the Court is guided by the principle that the best interests of the child are paramount as provided under Article 53(2) of the Constitution and Section 8(1) of the Children Act. It is in the best interests of the minor that both parents contribute to her upbringing in a fair and structured manner. 10.In the circumstances, judgment is entered in favour of the Plaintiff and the Court makes the following orders:1.The Plaintiff is hereby granted legal custody, care and control of the minor P.M.2.The Defendant shall discharge his parental responsibility as follows:a.By paying a monthly sum of Kshs. 10,000 towards the minor’s upkeep, payable on or before the 5th day of every month.b.By meeting the minor’s school fees and all related educational expenses as and when they arise.c.By contributing to the minor’s medical care, including registration and support under the Social Health Authority (SHA) and any additional medical expenses as may be necessary.d.By providing clothing and other basic needs of the minor as and when required.3.The Plaintiff shall provide shelter for the minor and continue to meet part of the minor’s medical and general welfare needs as undertaken.4.The Defendant shall have reasonable access to the minor at mutually agreed times, without interfering with the minor’s well-being. This be facilitated by the children officer upon request by either party.5.Each party shall bear their own costs.It is so ordered. DATED, SIGNED AND DELIVERED AT NAKURU THIS 19TH DAY OF MAY, 2026.SIGNED. V. O. Adet. SENIOR PRINCIPAL MAGISTRATE.In The Presence OfPlaintiff PresentN/A For The DefendantMs. Chemutai/John As The Court Assitant.