https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/163

I n re baby BN(Minor) (Children's Case E1796 of 2023) [2026] KEMC 163 (KLR) (24 June 2026) (Judgment) Neutral citation: [2026] KEMC 163 (KLR) Republic of Kenya In the Nairobi Children's Court Children's Case E1796 of 2023 LA Mumassabba, PM June 24, 2026 Between SNM Plaintiff and BWN Defendant Judgment Introduction 1.The Plaintiff commenced these proceedings against the Defendant seeking maintenance orders in respect of the minor, B.N, born on 26th March 2013. 2.The Plaintiff pleaded that she was in a relationship with the Defendant and that the union was blessed with one child, namely B.N. She averred that she has had actual custody, care and control of the minor since birth and that the Defendant has failed to adequately provide for the minor's upkeep despite being capable of doing so. 3.The Plaintiff sought orders compelling the Defendant to provide for the minor's monthly maintenance expenses and educational expenses. 4.The Defendant filed a Statement of Defence dated 21st November 2025 admitting paternity of the minor but denying that he was financially capable of meeting the maintenance sought. He contended that he was unemployed and only earned occasional income. He nevertheless expressed willingness to cater for the minor's school fees in a public school and provide medical cover. Plaintiff's Case 5.The Plaintiff testified as PW1 and adopted her witness statement dated 23rd October 2023 as her evidence-in-chief.It was her testimony that she earns approximately Kshs. 5,000 per month through vegetable vending. She stated that the Defendant is the father of the minor and that she has solely taken care of the child since birth. 6.PW1 testified that the minor's monthly expenses amounted to approximately Kshs.14,400 and that the Defendant was not providing adequate support towards the child's maintenance. She therefore sought orders compelling the Defendant to provide for the minor's education, food and shelter. 7.During Cross-Examination, PW1 confirmed that she had sought Kshs. 12,700 as monthly maintenance in her Plaint. She admitted that she had not produced rent receipts or documentary proof of rent payments. She further confirmed that she had not attached a school fee structure and that school fees were paid through M-Pesa. She reiterated that her monthly income was approximately Kshs. 5,000. Defendant's Case 8.The Defendant testified as DW1. He admitted being the biological father of the minor and adopted his witness statement dated 21st November 2025 as his evidence-in-chief. He also produced his documents as Defence Exhibit 1. 9.DW1 testified that he was not gainfully employed and that his previous employment had come to an end. He stated that while he was employed, he had been able to provide for the minor. He further stated that he remained willing to pay school fees and enrol the minor under a medical cover. 10.In Cross-Examination, DW1 stated that he earned approximately Kshs. 4,000 irregularly and was therefore unable to meet all the demands sought by the Plaintiff. He further testified that he had previously sent school fees to the Plaintiff for the benefit of the minor but acknowledged that he had not produced receipts or documentary evidence in support of that assertion. Submissions 11.The Court directed the parties on 29th April 2026 to file and exchange written submissions. Despite being granted an opportunity to do so, neither party filed submissions. The Court shall therefore determine the matter on the basis of the pleadings, evidence on record and the applicable law. Analysis and Determination 12.Having considered the pleadings and evidence on record, the following issues arise for determination:a.Whether the Defendant bears parental responsibility towards the minor.b.Whether the Plaintiff has established a case for maintenance orders.c.What orders should issue.d.Who should bear the costs of the suit. Whether the Defendant bears parental responsibility towards the minor 13.The Defendant expressly admitted that he is the biological father of the minor. Paternity is therefore not in dispute. 14.Article 53(1)(e) of the Constitution provides that every child has the right: “To parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not." 15.Similarly, Section 24 of the Children Act, 2022 provides that parental responsibility attaches to both parents. 16.Further, Section 32 of the Children Act obligates parents to maintain their children according to their means and ability. 17.In view of the Defendant's admission of paternity, the Court finds that he bears parental responsibility towards the minor together with the Plaintiff. Whether the Plaintiff established a case for maintenance orders 18.The Plaintiff testified that she has had actual custody, care and control of the minor since birth. This evidence was not controverted by the Defendant. 19.The Plaintiff further testified that the minor's monthly expenses exceeded her earning capacity. Although she did not produce receipts, rent records, fee structures or documentary proof of all the expenses pleaded, the Court takes judicial notice of the fact that a child requires food, shelter, clothing, education, medical care and other necessities for proper growth and development. 20.The Defendant argued that he is unemployed and lacks sufficient means. However, he admitted that he remains willing to provide for the minor's educational and medical needs. 21.The Court is guided by the principle that maintenance orders should be fashioned having regard to the needs of the child and the financial circumstances of the parents. 2.In JKN -Vs- HWN [2019] eKLR, the Court observed that maintenance of a child should be shared by both parents according to their respective abilities and means. 23.Similarly, in ZAK & Another -Vs- MAA & Another [2013] eKLR, the Court emphasized that the best interests of the child are paramount and must guide the Court in all matters affecting a child. 24.Article 53(2) of the Constitution provides that: “A child's best interests are of paramount importance in every matter concerning the child." 25.Likewise, Section 8(1) of the Children Act, 2022 reiterates the principle of the best interests of the child. 26.The Court is satisfied that the minor's welfare requires continued provision for education, healthcare, food, shelter and clothing. The Court is also satisfied that both parents should contribute towards these needs in accordance with their respective circumstances. 27.The Plaintiff has actual custody and attends to the minor's day-to-day needs. The Defendant has acknowledged his responsibility and indicated willingness to provide educational and medical support. 28.In balancing the interests of the child, the evidence presented and the circumstances of the parties, the Court finds it appropriate to apportion parental responsibility in a manner that secures the welfare of the minor. Finding 29.The Court finds that:a.The Defendant is the biological father of the minor and bears parental responsibility.b.The minor is entitled to maintenance from both parents.c.The welfare and best interests of the child require both parents to contribute towards the child's upkeep according to their respective means and abilities. Conclusion and Disposition 30.In light of the foregoing, guided by the Constitution of Kenya, the Children Act, 2022 and the best interests principle, the Court enters Judgment in favour of the minor (B.N) and makes the following Orders: 1.Parental responsibility over the minor is vested jointly in the Plaintiff and the Defendant the minor attains the age of eighteen (18) years or until further orders of the Court. 2.Legal custody, actual care and control of the minor is hereby granted to the Plaintiff. 3.The Defendant shall cater for:a.All school fees payable directly to the respective school as agreed by the parties in accordance with the applicable fee structures;b.All school-related expenses including uniforms, books, stationery, examinations, transport and co-curricular activities.c.The Defendant shall be solely responsible for meeting all medical expenses incurred on behalf of the minor, including the provision and maintenance of a medical insurance cover and any necessary medical treatment. For avoidance of doubt, the Plaintiff shall be at liberty to enrol the minor under any medical insurance scheme available to her. However, such enrolment shall not diminish, transfer, or extinguish the Defendant's obligation to cater for the children's medical needs and related expenses as ordered by this Court. 4.Clothing, grooming and entertainment expenses shall be shared equally between the Plaintiff and the Defendant on a 50:50 basis. 5.The Plaintiff shall continue providing shelter, food, day-to-day care, supervision and emotional support to the minor. 6.The Defendant shall have reasonable access to the minor at mutually agreed times and in a manner consistent with the best interests of the minor. 7.The parties shall consult and cooperate on all major decisions affecting the minor’s education, health and general welfare and shall at all times act in the best interests of the minor . 8.In default of compliance with any of the foregoing orders, the aggrieved party shall be at liberty to apply to Court for enforcement, supervision, review or variation of the orders. 9.Each party shall bear their own costs, this being a children's matter. 31.Before I take leave of this matter, I reiterate that parental responsibility is not discretionary; it is a constitutional imperative. A child's right to care, protection and provision cannot be compromised by the separation or disagreements of parents. Both parties are enjoined to cooperate and ensure that the children's needs are met holistically and in accordance with their best interests. 30 Days Right of Appeal. __________________L.A. MUMASSABBAPRINCIPAL MAGISTRATE24. 6.2026JUDGEMENT DATED, READ, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI VIA MICROSOFT TEAMS PLATFORM THIS 24TH DAY OF JUNE,2026In the Presence of :Mr. Kibet Holding Brief for M/s Achieng for the PlaintiffM/s Okatch Holding Brief for Mr.Ngira for the DefendantCourt Assistant: Phoebe.