[2010] KEHC 2260 (KLR)

[2010] KEHC 2260 (KLR)

The court found that the Appellant failed to provide documentary evidence, such as a pay slip, to substantiate his claim that the amount ordered exceeded 45% of his income as per section 101 of the Children’s Act. The trial court relied on the Appellant's own statements regarding his income, and no material was...

Source-derived case information.

Citation
[2010] KEHC 2260 (KLR)
Parties
Appellant: S.K.M; Respondent: M.C (suing through E.J)
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
7 July 2010
Case Number
Civil Appeal 135 of 2007
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Child Maintenance, Custody of Minors, Apportionment of Parental Responsibility
Source Language
english
Family and Children Child Maintenance Custody of Minors Apportionment of Parental Responsibility

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Parties

S.K.M

Appellant

M.C (suing through E.J)

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial magistrate erred in ordering attachment of more than 45% of the Appellant's income contrary to section 101 of the Children’s Act.
  2. 2 Whether the trial magistrate erred in failing to award custody of the minor to the Appellant (abandoned on appeal).

Ratio Decidendi

The court found that the Appellant failed to provide documentary evidence, such as a pay slip, to substantiate his claim that the amount ordered exceeded 45% of his income as per section 101 of the Children’s Act. The trial court relied on the Appellant's own statements regarding his income, and no material was provided regarding the attachment of salary. The court held that the apportionment of financial responsibility between the parents was appropriate, and the Appellant's failure to produce evidence precluded a finding in his favor. The appeal was therefore dismissed as lacking merit.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed in its entirety.
  • The orders of the trial court apportioning financial responsibility between the parents remain in force.