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Kenya decisions
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CWK v JM [2025] KEHC 6985 (KLR)
The High Court at Nyahururu granted a grandmother custody and guardianship of two minors after finding their father had not taken up parental responsibility.
Galgalo v Osman [2025] KEHC 5422 (KLR)
The High Court granted leave to appeal out of time but refused a general stay of execution, leaving child maintenance orders largely in force.
PNC v NMC [2024] KEHC 14359 (KLR)
The High Court reviewed its earlier judgment to correct an apparent party-identification error in two paragraphs, while leaving the rest of the custody determination intact.
In re DBG (Minor) [2024] KEHC 12147 (KLR)
The High Court found that the trial court failed to fully incorporate the consent on custody entered by the parties, which provided for joint legal custody and access for the Appellant. The trial court also erred by basing the maintenance award on the Appellant's gross salary rather than his net income and by not considering his obligations to other children. Applying Section 114(2) of the Children’s Act and the principle of the best interests of the child, the High Court varied the maintenance sum to Kshs. 10,000/- per month and affirmed the consent terms on custody, granting joint legal cus…
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IK v LK [2024] KEHC 9100 (KLR)
The High Court found that the trial magistrate properly applied the legal principles on maintenance, considering the increased cost of living, the affidavits of means, and the best interests of the children. However, since both children had attained or were about to attain the age of majority at the time of the orders, and no application for extension of parental responsibility was made, the maintenance order could only apply to the younger child until he turned eighteen. The appellant was liable for arrears as ordered by the trial court, but ongoing maintenance could not be ordered for a chi…
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JGM v MW [2024] KEHC 6043 (KLR)
The High Court found that the trial magistrate, while analyzing the needs of the minors and the financial capacity of the parents, ultimately imposed an unfair burden on the appellant by requiring him to cater for education, medical, shelter, and maintenance costs. Both parents were found to be professionals with reasonable income, and the court held that maintenance should be shared more equitably. The orders of the lower court were set aside and replaced with a more balanced allocation of responsibilities: the appellant to provide for school fees, school-related expenses, and medical costs,…
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MKM & another v BTK [2024] KEHC 4491 (KLR)
The High Court transferred a children’s dispute from Milimani to Maua law courts, finding the application unopposed and the parties based in Meru.
KM v IK (Suing as mother and next friend of EM (Minor) [2024] KEHC 457 (KLR)
The High Court found that while the trial court correctly recognized the principle of equal parental responsibility and properly apportioned maintenance obligations, it failed to conduct an adequate inquiry into the appellant's financial means before setting the maintenance amount. Evidence presented on appeal showed the appellant's net income was significantly constrained by loan repayments. In the interests of justice and based on the appellant's demonstrated means, the High Court exercised its appellate powers to vary the maintenance order, reducing the monthly payment from Ksh. 8,000 to K…
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TKY v BMS [2023] KEHC 22634 (KLR)
The High Court dismissed a child-maintenance appeal, holding that the trial court properly considered the parties’ finances and the child’s best interests.
EKM v ROM [2023] KEHC 19683 (KLR)
On appeal in a child maintenance dispute, the High Court upheld a monthly award of Kshs. 20,000 and dismissed the challenge for lack of merit.
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