Friday, 19 June 2020 – A High Court in Nairobi has ruled that separated partners have equal responsibility in raising their children.
The ruling that is likely to send shockwaves among women who ‘trap’ men with kids and then sue them seeking to have them compelled to carry all the financial burden of the children, was delivered by Justice Ali Aroni in a child support dispute between two former lovers.
“Where a child’s father and mother were married to each other at the time of his birth, they shall have parental responsibility for the child and neither the father nor the mother of the child shall have a superior right or claim against the other in (the) exercise of such parental responsibility,” Justice Aroni’s ruling reads in part.
This case was filed by a man challenging a lower court’s decision to assign him the biggest financial burden of sustaining a three-year-old child he sired with his ex-wife.
The man had been directed by the Magistrate Court to be paying Sh97, 000 as school fees of the minor, finance other school-related expenses and pay Sh20, 000 a month to cater for food.
While the mother was to offer the minor shelter, clothing and pay the nanny.
The man was also granted access to the child on Saturdays only and return the minor on Sunday afternoon on alternative weekends and half of the school holidays.
In his appeal, the man told Justice Aroni that the school fees and maintenance amounts were excessive and beyond his means and was likely to affect his future.
Justice Aroni ruled that since both parties had income, the responsibilities should be shared equally and directed both the man and the ex-wife to equally share school fees and school-related costs of the minor until further orders of the court.
Justice Aroni also reduced the man’s monthly maintenance duty of the child to Sh10, 000, which will go to assist the ex-wife with costs of food and clothing for the minor pending the hearing and determination of the appeal.
The Kenyan DAILY POST.