A High Court decision has sent a clear message to separated parents: raising children together is a shared duty, but the financial burden will not be split down the middle automatically. The ruling emphasizes that contributions must be fair and proportional to each parent's individual circumstances, a move that redefines financial obligations in co-parenting arrangements across Kenya.

This judgment provides crucial clarity on the Children Act of 2022, which establishes the principle of equal parental responsibility. The court has now affirmed that 'equal' does not mean identical financial input. Instead, it demands an equitable division based on what each parent can genuinely afford, considering their income and other responsibilities.

The New Calculus of Child Support

The decision stemmed from a dispute between two doctors, identified as Dr. JNM and Ms. LGM, who separated in 2021. The court rejected a rigid 50:50 formula, stating that financial obligations must be tailored to the reality of each parent's life, including their post-separation choices. This aligns with legal principles that require courts to consider the financial capacity of each parent when making maintenance orders.

This ruling builds on previous judicial thinking. Justice Mugure Thande, in a 2020 case, described a 70% contribution order against a man as "punitive," arguing it negated the principle of equality in parental responsibility. Similarly, Justice John Onyiego noted in a 2022 case that raising children "requires joint effort, although not exactly the same."

Key considerations for determining child maintenance now include:

• Income of each parent: A parent's earnings are a primary factor in determining their contribution.
• Financial capacity: The court assesses what each parent can reasonably contribute without undue hardship.
• Other dependants: Responsibilities towards other children and family members are taken into account.
• The child's best interests: This remains the paramount consideration in all decisions concerning a child.

Beyond the Money: Both Parents Must Remain Present

The court also addressed non-financial aspects of co-parenting. It firmly dismissed the outdated "tender years" doctrine, which traditionally favoured mothers in custody battles for young children. Citing Article 53 of the Constitution, the judgment reaffirmed that children have a right to care from *both* parents, regardless of their marital status.

This reinforces the Children Act 2022, which empowers parents to create formal Parental Responsibility Agreements (PRAs) to outline financial support, visitation schedules, and decision-making processes, ensuring stability for the child.

For many Kenyan families, this ruling provides a more realistic framework for navigating the complexities of raising children after separation. It moves the conversation from a rigid mathematical split to a more nuanced discussion about fairness, capability, and the unwavering right of a child to the support and presence of both parents.