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MagistratePartially AllowedNot stated in the judgment· [2026] KEMC 163 (KLR)

I n re baby BN(Minor) (Children's Case E1796 of 2023) [2026] KEMC 163 (KLR)

Principal Magistrate's Court at Nairobi (Children's Court)
24 June 2026
1,589 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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A Nairobi children's court confirmed both parents must support their child, assigning the father school and medical costs without requiring receipts from the mother.

What this practically means

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Executive summary

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This was a first-instance maintenance suit in which the Plaintiff sought orders compelling the Defendant to provide monthly maintenance and educational expenses for the minor, B.N, born on 26th March 2013, from a relationship between the parties. The Defendant admitted paternity but pleaded that he was unemployed, earning only occasional income of about Kshs. 4,000, while offering to pay school fees in a public school and provide medical cover. The Plaintiff, a vegetable vendor earning about Kshs. 5,000 monthly, testified that the minor's monthly expenses were approximately Kshs. 14,400, though she produced no rent receipts, fee structures or other documentary proof. Neither party filed submissions despite being directed to. The court framed four issues: parental responsibility, establishment of a maintenance case, the orders to issue, and costs. Relying on Article 53(1)(e) and 53(2) of the Constitution and Sections 24, 32 and 8(1) of the Children Act, 2022, and guided by JKN v HWN [2019] eKLR and ZAK & Another v MAA & Another [2013] eKLR, the court held that the admitted father bears parental responsibility and that maintenance must be apportioned according to each parent's means, taking judicial notice of a child's ordinary needs despite the absence of receipts. Judgment was entered in favour of the minor: joint parental responsibility until age eighteen; legal custody and actual care and control to the Plaintiff; the Defendant to meet all school fees, school-related expenses and all medical expenses including insurance; clothing, grooming and entertainment shared 50:50; the Plaintiff to provide shelter, food and day-to-day care; and reasonable access to the Defendant. Each party was ordered to bear their own costs, this being a children's matter, with a 30-day right of appeal.

Key legal issues

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01

Whether the Defendant bears parental responsibility towards the minor

Holding

Yes - paternity was admitted, so the Defendant bears parental responsibility jointly with the Plaintiff under Article 53(1)(e) of the Constitution and Sections 24 and 32 of the Children Act, 2022.

Reasoning

The Defendant expressly admitted paternity in his Statement of Defence and testimony, so paternity was not in dispute. Article 53(1)(e) of the Constitution guarantees every child parental care and protection including equal responsibility of both parents whether married or not. Section 24 of the Children Act, 2022 provides that parental responsibility attaches to both parents, and Section 32 obligates parents to maintain their children according to their means and ability.

p. 3
02

Whether the Plaintiff established a case for maintenance orders

Holding

Yes - despite lack of documentary proof of expenses, the court took judicial notice of a child's needs and ordered maintenance apportioned according to the parties' circumstances.

Reasoning

The Plaintiff's testimony that she has had custody, care and control since birth was uncontroverted. Though she produced no receipts, rent records or fee structures, the court took judicial notice that a child requires food, shelter, clothing, education and medical care. The Defendant, though claiming unemployment, admitted willingness to cover educational and medical needs, so maintenance was apportioned by heads of expenditure reflecting each parent's capacity.

p. 3

Legal principles established

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  • Parental responsibility is a constitutional imperative and not discretionary; both parents bear equal responsibility to provide for a child whether married to each other or not.
  • Maintenance of a child should be shared by both parents according to their respective abilities and means.
  • The best interests of the child are paramount and must guide the Court in all matters affecting a child.

Court orders

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  1. 1.Parental responsibility over the minor vested jointly in the Plaintiff and the Defendant until the minor attains the age of eighteen (18) years or until further orders of the Court.
  2. 2.Legal custody, actual care and control of the minor granted to the Plaintiff.
  3. 3.The Defendant to cater for all school fees payable directly to the respective school as agreed by the parties in accordance with the applicable fee structures.
  4. 4.The Defendant to cater for all school-related expenses including uniforms, books, stationery, examinations, transport and co-curricular activities.
  5. 5.The Defendant to be solely responsible for meeting all medical expenses incurred on behalf of the minor, including provision and maintenance of a medical insurance cover; any enrolment by the Plaintiff under a medical insurance scheme shall not diminish or extinguish the Defendant's obligation.
  6. 6.Clothing, grooming and entertainment expenses to be shared equally between the Plaintiff and the Defendant on a 50:50 basis.
  7. 7.The Plaintiff to continue providing shelter, food, day-to-day care, supervision and emotional support to the minor.
  8. 8.The Defendant to have reasonable access to the minor at mutually agreed times and in a manner consistent with the best interests of the minor.
  9. 9.The parties to consult and cooperate on all major decisions affecting the minor's education, health and general welfare and to act at all times in the best interests of the minor.
  10. 10.In default of compliance, the aggrieved party at liberty to apply to Court for enforcement, supervision, review or variation of the orders.

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 53(1)(e)
  • Constitution of Kenya, 2010Article 53(2)
  • Children Act, 2022Section 24
  • Children Act, 2022Section 32
  • Children Act, 2022Section 8(1)

Cases cited (2)

  • JKN -Vs- HWN
    [2019] eKLR
  • ZAK & Another -Vs- MAA & Another
    [2013] eKLR
Jurisdiction invoked
Children Act, 2022 (parental responsibility and maintenance of children), read with Article 53 of the Constitution of Kenya, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "I n re baby BN(Minor) (Children's Case E1796 of 2023) [2026] KEMC 163 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/163/eng@2026-06-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.