How To File For Child Support in Kenya: Child support, also known as child maintenance, is court-ordered payments that go towards the upkeep of a child. Child support is usually paid by the non-custodial parent. Here is a look at some of the principles behind getting child support in Kenya.
According to the Kenyan constitution, Article 53, a child has the right to receive parental care and protection. This includes equal responsibility for the father and mother to provide for their child regardless of whether they are married or not. Some of the organizations that can help you file for child support include the National Legal Aid Programme (NALEAP), The Federation of Women Lawyers (FIDA), and CLEAR, an initiative of the Kenya Christian Lawyers Fellowship.
Any parent, custodian, or guardian of a child can file for child support. The following are some of the considerations that the court will make before granting an order for child support:
- The financial needs, responsibilities, or obligations of each party
- The earning capacity or income, property, or financial resources of each party
- The child’s circumstances and their financial needs
- The child’s training or education
- Any mental or physical disabilities, medical conditions, or illnesses of the child
- The religion, custom, and practices of the parties
- The liability of other persons to support the child e.g. the liability of the stepparent or guardian
The process of filing for child support starts with hiring a lawyer. A lawyer will draft a letter to the party who is meant to pay child support. This approach is used to avoid the long court process. Both parents will then sit down, in the presence of their lawyers, to draft a parental responsibility agreement. This agreement is binding on both parties. After all the issues on child maintenance have been settled, the lawyer will register the agreement in court and it will act as a court order.
Alternatively, if the party who is required to pay child support resists a parental responsibility agreement, you could move to court and file a case for child support. The court will consider what is in the best interest of the child and look at all the above-mentioned factors before granting an order for child maintenance.
Important: Child support cost or maintenance fee in Kenya is determined by considering the income and expenditure of the parent required to pay. The Children Act provides more details about maintenance of children.
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Marcoz Karlmax says
I have a son with this lady whom we recently separated, before the breakup I used to hustle and send her some money when opportunity comes since I had no end month job(ilienda na COVID) Now I happened to secure a job later and continued sending her some money every end month, unfortunately the job was cut short again after just a few months of which nikamshow job imeisha.
So I expected the lady to empathize with me and exercise some patience with the situation since yeye alikuwa anaishi kwao na mtoi na pia ni salonist. Huyu mwanamke never understood my hardships huku town and we kept on arguing over the phone until I got tired and cut off my communication with her.
In the meantime I came across some lady with whom we bonded for a very short time and she was very willing to support me in my hardest moments,we became very good friends but later ended up moving in with each other. Seeing how helpful she was to me I had to open up to her about the other lady back home with a baby and she was very ok with it. In fact at times she could call me even at 11pm in the disguise of “mtoto anataka kukuongelesha” n we talked freely. Problem ni hakujua about huyu mwenzake na pia singemwambia coz she is just too young and reserved to handle such news over the phone.
So sometime last yr she started pressurising me ati maparo wake wanamwambia mtoto sense Kwa bake apelekwe shule since he had turned 3 in the maternal home. I couldn’t refuse to that coz I too wanted to meet n bond with my son but for the mother I was almost done with her for reasons I can’t explain here.
Fast forward, msichana alikuja “kuleta” mtoto na aende shughuli zake as she had claimed, finding this other lady she really became mad with the whole situation and almost turned the world upside down. At that moment she forgot that I was still jobless like before and was just fending off the salary of my partner,she said all sorts of things including how I abandoned her back home with a toddler and here I was enjoying life with another woman. Family dwelled on the issue and tried to talk things out but this gal has a loose medulla oblongata,haskii hataa! She gathered advice from “field advocates” hapo mtaani and started pursuing legal ways of pushing for an enforced child support. As I talk we are totally separated,the kid never joined school as was the plan, instead he was taken back to his maternal grandmother while the mom came back to the same estate I live to hustle (she had landed a job in a big salon thanks to a connection from the co-wife turned enemy)
So in conclusion,am now on monthly child support payment program with no particular stable income but has no option for the sake of my son.And don’t forget I mentioned I had been sending her money for the past 3 yrs(had to process an M-Pesa full statement from 1 Jan 2020- 31 Dec 2022 to prove that and it amounts to 35k) but she had denied it before the children officers….
So men this is a wake up call,never trust a woman with money,these people can turn against you any minute when given chance 🙄🙄😠😠😠😠
Edinah nyakoiro says
I’m amother of two girls I’m away from my kids and the father don’t want to take care of them i want to sue him
Am lavas from west pokot want to sue my baby dady has neglected his son 8yrs now he is a lawyer he threatened me to sue me. Am in west pokot
lilian Wangui says
please help me i cant afford a lawyer
Wendy Akinyi says
Am Akinyi from Nairobi.I would like to sue the dad to my two kids for not supporting them at all
Jessy Steve says
Hey am jecinta a mother of one and eight month I would like to sue the dad for neglecting her since I was pg
Am Esther, from Nairobi i would like to sue my baby daddy for neglecting my son, how do i do it cause i don’t know
Hi. Am Susan based in nakuru. I would like to sue my baby daddy for neglecting our daughter. He used to provide ikafika point akasema he’ll stop caring like other men. Hes in South Africa. And I can’t afford a lawyer since I don’t work . please help.
Cheryl cherono says
Am Sheryl I would like to sue my baby daddy yaani all de responsibilities alikataa tangu tulipopata mtoto….kindly I need some help please cause I really don’t know how
respect your baby daddy first and stop treating him like trash.
Would like to sue my baby daddy he is not taking care of the child we have and he knew the baby is his
Where is the FIDA office in NAIROBI?
Am Mary i would like to sue. Ma baby daddy 4 child support where can i get a lawyer????
Hey, I really need help, my kid needs a surgery and the baby daddy is talking rude that “nimeona ameeka hospitali yake ndo nimwambie mtoto ni msick…. then nilikosa rent my kakajob kakaisha nilipe jifungua juu sikuwa na any other mean of income ndo inisupport so nikaenda kwetu nyumbani.. sasa my father and elder brothers are chasing me that me ni malaya niende huku kwa baba mtoto.. sometimes I even sleep out side juu I have been going to my neighbour now she is tired of me Na mtoto… napitia mangumu aki…. my baby daddy is a KDF… he lied that he will come for us bt at the End he switched off his phn.. please help.
I have one kid n would like to file for child support.,the daddy’s kid is in dubai…. Pls let me know how I can proceed
For those who don’t know how to go about suing their other partner for child maintenance, start by visiting the children’s office. Children’s offices are found mainly hapo kwa chief or where National ID cards are registered or collected. Ask for the Children’s Office. Services are FREE. They’ll advise you on way forward. Note that the children’s office you’ll go to is the one near where the child is living. For example, if your child lives in Harambee estate in Nairobi, the child’s father lives in Marsabit, and the mother lives in Kitui, you will go to the children’s office that is in Makadara, Nairobi; not Kasarani, Nairobi. The children’s courts follow the child.
Wishing you all the best in searching for justice for your children.
What if I can’t afford to pay for a lawyer
But some offices do ask someone to pay a lawyer 25k of which ata pesa enye unafikia ya upkeep haifiki that.please help I can’t afford to pay a lawyer but I need my kid to get the rights
Mponin Kakenya says
Hi, am kakenya i would like to sue my nephew dad on behalf of my late diz, she died 2014 . The guy has been neglecting his son. I don’t have a lawyer, i need some help.
Elinah k. Mogire says
I need a lawyer for child support. I have 2 kids. Am from kisii county
Mary wangui says
Hi my name is Mary,I would like to sue my baby daddy,,I can’t afford a lawyer,,,what am I supposed to do for him to support the baby….pls help
Contact The Federation of Women Lawyers, they can help
Joan Jepbichiy says
Hello am Joan and I would like to sue my baby daddy I can’t afford to pay a lawyer, what should I do and where can I get help.from Eldoret.
Carrol Alwando says
Hi, my name is Carrol Alwando, I would like to file for a child support from my baby daddy, hw do I do it because I don’t know hw,
veronica nekesa says
where can I get help because I cant even afford a lawyer yet I what to sue my baby dady for child support
LARRY OLUKURU says
Am Larry I would like to sue my father for child neglect .can i get some help because i dont know how
Am Ken I want to sue baby mama for walking away with my child, child is now 5 months