Woman loses bid for Sh28,000 child support from ex-husband

A woman has lost a bid to get Sh28,000 per month from her ex-husband as maintenance for her and her child.

The High Court declared that the fact that she was not under gainful employment does not impose any responsibility on the man to maintain her and the child.

Judge Florence Nyaguthii Muchemi, who held that the amount sought by JWM as "unreasonable", also ruled that she was equally obligated to share the responsibility of meeting the child's needs.

She also noted that the man had another family.

The judge said the woman must demonstrate seriousness of meeting her obligation as a parent with shared responsibility, adding that she will not remain unemployed should she make an effort to engage in self-employment in minimal manner which will give her some income. 

“Small beginnings grow into big things. The appellant must be seen to make some effort towards contributing to the maintenance of the child as required by the law. She cannot wholly depend on the respondent whose income is also limited bearing in mind his other responsibilities as was demonstrated,” she stated.

JMW, on behalf of the minor, had sued CKK who earns Sh100,000 per month, in a Senior Resident Magistrate’s Court in Nyeri seeking custody of the minor and money for maintenance.

On August 27, 2018, the court granted her actual, legal and physical custody of the minor but granted the man access and visitation rights agreeable by both parties.

He was also to enroll the minor under his employer’s medical cover and cater for school fees and related expenses when the minor begins going to school.

Further, the woman was to cater for shelter and utility bills. Both parents were to contribute Sh6,000 each for minor's food and clothing each month.

Aggrieved with the decision, she filed an appeal. But Lady Justice Muchemi said the trial magistrate had considered all the material presented before her.