At the Milimani High Court, Principal Magistrate L.A. Mumassabba has ordered an estranged father to fulfil his parental responsibilities after he claimed he was unemployed and could barely earn a staggering Sh4,000 a month through casual jobs.
He argued that the income was irregular and insufficient even to meet his own needs, making it impossible to contribute the Sh14,500 monthly maintenance sought by his estranged wife for their 13-year-old child.
Mumassabba emphasised that every child has the right to care, protection and provision, rights that cannot be compromised by the separation or disagreements of parents.
In a recent judgment, Mary Ann* sued her estranged husband, John*, accusing him of parental neglect.
In his defence, John admitted paternity, but denied that he could afford the maintenance sought. He said he was unemployed and relied on occasional casual work for income. However, he expressed willingness to pay school fees at a public school and provide medical insurance for the child.
Mary Ann told the court that she earned only Sh5,000 a month from selling groceries, an amount she said could not meet the child’s monthly needs of about Sh14,400. She accused John of abandoning his responsibilities despite her request that he contribute Sh12,700 monthly towards food, shelter and education. She acknowledged that she had not produced rent receipts or a school fee structure to support some of her claims.
John maintained that he had previously supported the child while employed and remained willing to pay school fees and provide medical cover.
Although the court directed both parties to file written submissions, neither complied. In its judgment, the court cited the Constitution, which provides that every child has the right to parental care and protection, including the equal responsibility of both mother and father to provide for the child, whether married to each other or not.
The court awarded Mary Ann legal custody, care and control of the child. John was ordered to pay school fees directly to the school, meet all education-related expenses, including uniforms, books, stationery, examinations, transport and co-curricular activities, and fully cover the child’s medical expenses, including health insurance.
Clothing, grooming and entertainment expenses will be shared equally, while Mary Ann will provide food, shelter, day-to-day care, supervision and emotional support.
The court also granted John reasonable access to the child at mutually agreed times, provided such access serves the child’s best interests.
The judgment further states that either party may apply to the court for enforcement, supervision, review or variation of the orders should the other fail to comply.
