Child maintenance is a fundamental right for every child in Kenya, enshrined in the Children’s Act 2022. However, securing fair and consistent support from a non-compliant parent can be challenging. Whether you’re a custodial parent seeking overdue payments or a guardian advocating for a child’s welfare, this guide breaks down actionable steps to win a child maintenance case in Kenya, backed by legal expertise and real-world strategies.
Understanding Child Maintenance in Kenya
Under Section 24 of the Children’s Act 2022, both parents are legally obligated to contribute to their child’s financial, educational, and medical needs until the child turns 18 (or completes their education, whichever comes later). Courts determine payments based on:
- The child’s needs (education, healthcare, housing, etc.).
- The paying parent’s financial capacity.
- The standard of living the child would have enjoyed if the parents lived together.
Note: Maintenance applies regardless of the parents’ marital status.
7 Steps to Win a Child Maintenance Case in Kenya
1. Gather Strong Evidence of the Child’s Needs
Winning a maintenance case hinges on proving the child’s financial requirements. Collect:
- School fee invoices: Highlight tuition, uniforms, books, and extracurricular activities.
- Medical records: Bills for vaccinations, chronic conditions, or emergencies.
- Daily expenses: Receipts for food, clothing, rent, and transport.
- Proof of current contributions: Bank statements showing your existing payments.
Pro Tip: Use a budget spreadsheet to itemize monthly costs. Courts favor organized, verifiable data.
2. Document the Other Parent’s Financial Capacity
Courts assess the paying parent’s income, assets, and lifestyle to determine affordability. Gather:
- Payslips or employment contracts: If the parent is salaried.
- Business records: For self-employed parents (tax returns, M-Pesa statements).
- Asset proof: Property deeds, car ownership, or social media posts showing luxury spending.
Note: If the parent hides income, request a court order to compel disclosure (Section 79 of the Children’s Act).
3. Send a Formal Demand Letter
Before filing a case, send a written demand (via registered mail) outlining:
- The child’s monthly needs.
- The parent’s unpaid arrears (if applicable).
- A 14-day payment ultimatum.
Sample Template:
“Under Section 24 of the Children’s Act 2022, you are legally required to contribute KES 15,000 monthly for [Child’s Name]’s upkeep. As of [Date], you owe KES 90,000 in arrears. Failure to pay within 14 days will compel me to file a court case.”
Why This Works: Courts favor parents who attempt amicable resolution first.
4. File a Maintenance Application at the Children’s Court
If the demand letter is ignored, proceed to court:
- Complete Form JA 10 (Application for Maintenance).
- Attach:
- Child’s birth certificate.
- Evidence of needs and the other parent’s income.
- Copy of the demand letter and proof of delivery.
- Pay filing fees: ~KES 100–500, depending on the court.
Where to File:
- The court nearest to the child’s residence.
- The High Court for complex cases (e.g., international parents).
5. Prepare for the Court Hearing
- Hire a Lawyer: While not mandatory, a family lawyer strengthens your case (cost: KES 20,000–100,000).
- Draft an Affidavit: Sworn statement detailing the child’s needs and the other parent’s neglect.
- Subpoena Witnesses: Teachers, doctors, or relatives who can testify about the child’s expenses.
Courtroom Strategy:
- Stay calm and factual.
- Use visual aids (e.g., charts showing expense breakdowns).
- Highlight the child’s best interests (courts prioritize this above all).
6. Negotiate a Settlement (If Possible)
Many courts encourage mediation to reduce backlog. Benefits include:
- Faster resolution: Cases can close in weeks vs. months.
- Lower costs: No lengthy trial fees.
- Flexible terms: Agree on payment plans or non-monetary support (e.g., health insurance).
Note: If mediation fails, the case proceeds to trial.
7. Enforce the Court Order
If the parent still refuses to pay after winning:
- Garnishee Order: Directs their employer to deduct maintenance from their salary.
- Attachment of Property: Auction their assets to recover arrears.
- Contempt of Court: Non-payment can lead to fines or jail time (up to 6 months).
Pro Tip: Track payments meticulously. If they default, report breaches immediately.
Common Mistakes to Avoid
1. Failing to Document Payments
Without receipts or bank statements, you can’t prove non-payment. Use apps like M-Pesa statements or QuickBooks to track transactions.
2. Ignoring Mediation
Courts view parents who skip mediation as uncooperative. Always show willingness to negotiate.
3. Emotional Arguments
Focus on facts, not personal grievances. Statements like “He’s a deadbeat dad” weaken your case.
4. Missing Deadlines
Late submissions delay hearings. Set reminders for court dates and document filings.
How Much Maintenance Can You Claim?
Kenyan courts consider:
- Parent’s Income: Typically 15–30% of the paying parent’s monthly earnings.
- Child’s Standard of Living: If the parent is wealthy, payments may cover private school or travel.
- Shared Custody: Payments reduce if the child spends significant time with the paying parent.
Example:
- Paying parent’s salary: KES 100,000/month.
- Estimated maintenance: KES 15,000–30,000/month.
Legal Aid for Low-Income Parents
Can’t afford a lawyer? Explore:
- National Legal Aid Service (NLAS): Free representation for qualifying Kenyans.
- Kituo Cha Sheria: NGO offering pro bono family law services.
- Law School Clinics: University of Nairobi’s legal aid clinic assists for minimal fees.
Final Thoughts
Winning a child maintenance case in Kenya requires preparation, evidence, and persistence. By understanding your rights under the Children’s Act 2022, documenting every expense, and leveraging court enforcement tools, you can secure the support your child deserves.
Need Help? Contact [Muthii W.M & Associates] for expert guidance on child maintenance cases:
📞 Call: 0722 432 638 | 📧 Email: muthiiassociates@gmail.com
