When couples separate, one of the biggest flashpoints is child maintenance, especially the issue of who pays for what and how much they need to pay up.
For years, many Kenyan fathers have complained that they are expected to cover all expenses even when both parents have stable incomes.
In a landmark ruling, the High Court in Nairobi has now drawn a clear line, ruling that parental responsibility must be shared.
The decision came in JNM v LGM (Appeal E107 of 2024) [2025], delivered by Justice Helene Namisi on December 5, 2025.
In the case in question, both parents were earning nearly the same salary. After separating, the mother moved with their two children from the family home in Kilimani to Ongata Rongai, and the lower court ordered the father to pay nearly all child-related costs, including school fees, transport, and clothing.
Feeling the decision was unfair, the father appealed, arguing that he was being punished financially for decisions he did not make.
The Court’s Ruling:
In agreement with the father's appeal, the High Court reset the rules on shared parental responsibility.
Justice Namisi ruled that shared parenting means both parties must contribute fairly, based on their means.
“The law does not intend to turn one parent into an ATM,” the judge stated. “Where both parents have the means, contribution must be fair, realistic, and focused on the child, not on punishing one parent.
The court found that the mother’s decision to move far from the children’s original school created extra transport costs, which should not automatically fall on the father.
In other words, the court ruled that in the event both parents are economically productive, the financial responsibility regarding the children should be shared between the two accordingly.
How Much Each Parent Will Pay:
According to the judge's ruling, the father will continue paying school fees and related costs, like lunch and activity fees, while the mother would cover daily school transport and clothing for the children while in her custody.
Both parents were directed to maintain medical insurance for both minors and ordered to share school holidays equally.
As far as custody and access is concerned, Justice Namisi also rejected the mother’s cross-appeal seeking full custody, affirming that both parents would retain joint legal custody of the two minors.
The court rejected the outdated idea that young children should automatically stay with their mothers, emphasising that Kenya’s Constitution gives equal parental rights and duties to both parents.
This judgment is a major milestone for family law and gender fairness in Kenya, as it tells fathers that the law now recognizes their role beyond finances while telling mothers that financial support is a shared duty, not a gendered expectation.
This ruling on shared parental responsibility promises to prioritise the welfare of the child while keeping both parents accountable after separation.
