It is a win for men who are compelled to pay exorbitant child support to their ex-wives after a new ruling by High Court's Justice Florence Muchemi.
The judge made a rare ruling where she stated that a child ought to be maintained by both parents and not only the father, a decision that could open the door for men to also pursue women for child maintenance.
The judge ruled that responsibility of the child should be apportioned to each party according to their ability and the needs of the child.
"The minor is a child of the parties in this case and ought to be maintained by both parents. The sharing of responsibility ought to be apportioned according to the needs of the child and the income of each party," Justice Muchemi stated.
[caption caption="The High Court"]
[/caption]
Justice Muchemi ruled in a case where a woman identified as DKM wanted her former husband RMN ordered to take care of their child and although the two had separated, the man had retained two children while she remained with one.
DKM first moved to the magistrates' court asking for Ksh32,000 monthly from her ex-husband, but her case was thrown out on account that RMN had enough responsibilities of taking care of two children; one at the university and the other in primary school.
She appealed before the High Court, arguing that the man earned Ksh200,000 a month while she only got about Ksh10,000 from a sales job.
RMN maintained he was willing to contribute Ksh7,000 but stated that the list of financial expenses produced in court was exaggerated.
“Parental responsibility is shared between the parents and it is appropriate that the appellant, who is in gainful employment, be ordered to do her part of the bargain,” he argued.
Justice Muchemi ruled that the child should enjoy food, shelter and clothing from her mother’s pocket since her other children are being provided for by their father.
“The appellant is working and should be in a position to maintain herself by way of paying rent and utility bills. She should also provide her own food and clothing. These provisions should also support the minor in way of shelter, food and clothing,” she ruled.
[caption caption="The High Court"]
[/caption]
On medical and entertainment expenses, the judge ruled that it shall be split into two, the man to provide Sh15,000 and the woman to give Sh5,000.
