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MagistrateAllowedNot stated in the judgment

Minor) v DG (Children's Case E005 of 2026) [2026] KEMC 224 (KLR)

Children's Court / Magistrates' Court at Nakuru
19 May 2026
834 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Nakuru court ordered an unmarried father to pay monthly upkeep, school fees and medical costs, confirming that child maintenance in Kenya is never optional.

What this practically means

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Executive summary

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This was a first-instance maintenance claim brought by the biological mother of a minor, P.M, born on 29th July 2023, against the Defendant, the acknowledged biological father. The Plaintiff, a casual worker, testified that a relationship with the Defendant produced the child; that the Defendant acknowledged paternity but was inconsistent in providing for the child and, after their separation in July 2024, completely abdicated his parental responsibilities. Efforts at the Children's Office, including summons issued on 30th October 2025 and 13th November 2025, failed as the Defendant did not attend, and the matter was referred to the National Legal Aid Service. The Plaintiff proposed to contribute shelter at Kshs. 5,000 monthly rent and medical cover under the Social Health Authority, while seeking Kshs. 10,000 monthly from the Defendant for upkeep and education. The Defendant did not enter appearance or adduce evidence, leaving the Plaintiff's evidence uncontroverted. The Court applied Article 53(1)(e) and 53(2) of the Constitution and Sections 24(1), 90, 114 and 8(1) of the Children Act, 2022, holding that the duty to maintain a child is not optional, that both parents bear equal responsibility whether married or not, and that the best interests of the child are paramount. Judgment was entered for the Plaintiff: legal custody, care and control to the Plaintiff; the Defendant to pay Kshs. 10,000 monthly upkeep, school fees, medical contributions under SHA, and clothing; the Plaintiff to provide shelter; the Defendant to have reasonable access facilitated by the children officer; each party to bear their own costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Defendant is the biological father of the minor and owes a legal duty to maintain her
  2. 2.Whether the Defendant has neglected his parental responsibility to provide for the minor's basic needs
  3. 3.What maintenance and parental responsibility orders are in the best interests of the minor

Key legal issues

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01

Parental responsibility of an unmarried biological father

Holding

The Defendant, as acknowledged biological father, bears a legal obligation to maintain the minor notwithstanding that the parents are not married to each other.

Reasoning

Article 53(1)(e) of the Constitution guarantees every child parental care and protection, including the equal responsibility of both parents whether married to each other or not. This is reinforced by Sections 24(1) and 90 of the Children Act, 2022, which vest parental responsibility and a joint duty of maintenance in both parents. With paternity undisputed, the Defendant cannot abdicate this duty.

p. 2
02

Assessment of the extent of maintenance

Holding

The extent of maintenance is assessed under Section 114 of the Children Act, considering each parent's income or earning capacity, the needs of the child, and shared responsibility; the Plaintiff's modest proposals were found reasonable.

Reasoning

Section 114 of the Children Act guides the Court to consider the income or earning capacity of each parent, the needs of the child, and the principle that responsibility should be shared. The Plaintiff, a casual worker, proposed to provide shelter and medical cover while seeking Kshs. 10,000 monthly from the Defendant; the Court found these proposals reasonable given the minor's young age and need for consistent provision.

p. 2
03

Effect of uncontroverted evidence

Holding

The Defendant neither entered appearance nor adduced evidence, so the Plaintiff's evidence remained uncontroverted and was accepted.

Reasoning

Despite due notice, the Defendant did not enter appearance or tender any evidence to rebut the claim, including ignoring summons issued through the Children's Office. Consequently, the Plaintiff's uncontroverted testimony that the Defendant acknowledged paternity but abdicated his parental responsibilities after their separation in July 2024 stood unrebutted and formed the factual basis of the judgment.

p. 1

Legal principles established

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  • Both parents bear equal parental responsibility to provide for a child whether married to each other or not.
  • The duty to maintain a child is not optional and cannot be avoided.
  • The best interests of the child are paramount in maintenance determinations.

Court orders

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  1. 1.The Plaintiff is granted legal custody, care and control of the minor P.M
  2. 2.The Defendant to pay a monthly sum of Kshs. 10,000 towards the minor's upkeep, payable on or before the 5th day of every month
  3. 3.The Defendant to meet the minor's school fees and all related educational expenses as and when they arise
  4. 4.The Defendant to contribute to the minor's medical care, including registration and support under the Social Health Authority (SHA) and any additional medical expenses as may be necessary
  5. 5.The Defendant to provide clothing and other basic needs of the minor as and when required
  6. 6.The Plaintiff to provide shelter for the minor and continue to meet part of the minor's medical and general welfare needs as undertaken
  7. 7.The Defendant to have reasonable access to the minor at mutually agreed times, facilitated by the children officer upon request by either party
  8. 8.Each party to bear their own costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

VA
V. O. AdetSenior Principal Magistrate
majority

Wrote the judgment

Jurisdiction invoked
Children Act, 2022 (parental responsibility and maintenance), applying Article 53 of the Constitution of Kenya, 2010

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

judgment is entered in favour of the Plaintifi and the Court makes the following orders
p. 2disposition
The Plaintifi is hereby granted legal custody, care and control of the minor P.M.
p. 2custody order
By paying a monthly sum of Kshs. 10,000 towards the minor's upkeep, payable on or before the 5th day of every month.
p. 2maintenance order
Each party shall bear their own costs.
p. 2costs
The duty to maintain a child is not optional and cannot be avoided.
p. 2parental duty

Issues in the judgment

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minor

The coram records the date of delivery as 19th May 2026, which post-dates the Children's Office summons of 30th October 2025 and 13th November 2025 referred to in the evidence; the year 2026 may be an error, though it is internally consistent with those 2025 dates.

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, "Minor) v DG (Children's Case E005 of 2026) [2026] KEMC 224 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/224/eng@2026-05-19

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