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Kenya decisions
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Odhiambo v Bunde [2025] KEHC 10332 (KLR)
High Court family appeal on child maintenance and custody dismissed after the court upheld a monthly maintenance order and found no basis to interfere.
MST v LNK [2025] KEHC 10285 (KLR)
The High Court declined to stay a Children’s Court order releasing part of the appellant’s pension for the children’s education, finding no basis to suspend maintenance.
MPL. (Suing As the Mother Andnext friend Of L.L.L. – A Minor) v LL [2025] KEMC 162 (KLR)
The court found the parental responsibility agreement was not binding, ordered joint custody, and split monthly maintenance equally between the parents.
TMM (Suing as father and next friend of the Minors TMM & TKM) v FGK [2025] KEHC 10577 (KLR)
The High Court declined interim orders for equal parental contribution to minors’ education costs, remitting the matter to the trial court for reassessment after changed circumstances.
Mwaduna v Maina [2025] KEHC 10150 (KLR)
The High Court dismissed an appeal over alleged child maintenance arrears, holding that the appellant had not proved full payment on a balance of probabilities.
Musungu v Mutambo [2025] KEHC 10203 (KLR)
The court found that the appeal had not been prosecuted for over two years without sufficient cause, constituting inordinate and inexcusable delay. Such delay prejudices the welfare and best interests of the child, which are of paramount importance under the Constitution and the Children Act. The court emphasized that both parents have a legal obligation to provide for the child, and the continued pendency of the appeal would unjustly delay the child's enjoyment of rights to maintenance and care. The court concluded that justice required dismissal of the appeal for want of prosecution, allowi…
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Moiruri v Moruri [2025] KEHC 9768 (KLR)
The court found that the applicant failed to satisfy the requirements for grant of stay of execution pending appeal as set out in Order 42 Rule 6 of the Civil Procedure Rules. The applicant's assertions of substantial loss were centered on his own interests, such as reputational harm and personal inconvenience, rather than the welfare of the minors. The court emphasized that in children matters, the best interests of the child are paramount and override the interests of the parents. The applicant did not demonstrate that the minors would suffer substantial loss if stay was not granted, nor di…
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ODA v FJB [2025] KEHC 9625 (KLR)
High Court partly allowed a children’s appeal, confirming actual custody with the mother, joint legal custody, and monthly maintenance, while setting aside a fixed school-fee award.
DAA v JPO [2025] KEHC 9885 (KLR)
The High Court at Busia granted an unopposed application compelling the respondent to meet the minors’ educational needs and submit to DNA testing to determine paternity.
MMB v AAM [2025] KEHC 9587 (KLR)
The High Court found that the Kadhi's Court had jurisdiction to determine issues of child custody and maintenance where both parties are Muslim and have submitted to its authority, as such matters are incidental to marriage and divorce. The Appellant failed to provide evidence of his financial inability to pay the amounts ordered, and the trial court was entitled to make maintenance orders based on the best interests of the children. The court held that the divorce was judicial, not khul'u, as the grounds for dissolution were proven and the Appellant did not consent to khul'u. Therefore, the…
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