Kenya Rights Guide
How to Claim Child Support (Maintenance) in Kenya
Both parents are legally obligated to maintain their child in Kenya regardless of marital status. You can apply for a maintenance order at any Children's Court — free of charge.
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Kenya Law
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Direct Answer
Under the Children Act 2022 and the Matrimonial Causes Act, both parents are obligated to financially maintain their children regardless of whether they are married, separated, or divorced. You can apply for a maintenance order at the Children's Court at no cost. The court determines a fair amount based on the child's needs and the parent's income.
What the Law Says
Your Legal Foundation
Children Act 2022
Section 24
“Both parents of a child have parental responsibility and are under a duty to maintain the child.”
Children Act 2022
Section 95
“A court may make an order requiring a parent to make periodic payments for the maintenance of a child.”
Constitution of Kenya 2010
Article 53
“Every child has the right to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether or not they are married to each other.”
Common Questions
Frequently Asked Questions
Can I claim child support even if we were never married?
Yes. The Children Act 2022 and Article 53 of the Constitution impose equal obligation on both parents regardless of marital status. You must establish paternity if the father disputes it — the court can order a DNA test.
The father is abroad — can I still claim maintenance?
Yes, but enforcement is more complex. Kenya is party to international maintenance conventions that allow cross-border enforcement. Consult a lawyer if the other parent is outside Kenya.
How much can the court order?
The amount depends on the child's needs and both parents' income. There is no fixed formula in Kenya — courts have wide discretion. Courts generally aim to maintain the child's standard of living.
Can maintenance be increased or decreased over time?
Yes. Either parent can apply to vary a maintenance order if there is a significant change in circumstances — for example, the paying parent loses their job, or the child's needs increase.
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