[2010] KEHC 1951 (KLR)

[2010] KEHC 1951 (KLR)

The court found that the Appellant failed to provide documentary evidence, such as a pay slip, to substantiate his claim that the maintenance order exceeded 45% of his income. The trial court had apportioned financial responsibility between the parents, with the Appellant responsible for school fees and rent, and the Respondent for clothing, water, and electricity. The Appellant did not deny paternity and did not pursue the issue of custody on appeal. The absence of evidence regarding the Appellant's actual income meant the court could not determine whether the order was unlawful. Consequently, the appeal was dismissed as lacking merit.

Citation
[2010] KEHC 1951 (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

Case Brief

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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 the 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 maintenance order exceeded 45% of his income. The trial court had apportioned financial responsibility between the parents, with the Appellant responsible for school fees and rent, and the Respondent for clothing, water, and electricity. The Appellant did not deny paternity and did not pursue the issue of custody on appeal. The absence of evidence regarding the Appellant's actual income meant the court could not determine whether the order was unlawful. Consequently, the appeal was dismissed as lacking merit.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed in its entirety.