The High Court in Mombasa has overruled an order requiring a man to bear 70 per cent of parental responsibility with his estranged wife.

Justice Mugure Thande in his ruling stated that the order by the Children's Court was punitive to the man and that it ignored the equality principle in parental responsibility.

The woman wanted his ex-husband compelled to pay Sh105,700 monthly maintenance for their children, obtain medical cover, pay school fees and meet all the educational single-handedly.


"I set aside the order that contribution be at the ratio of 70:30 and the order that the man pay Sh45,500, being his share of monthly contribution. I substitute, therefore, an order that the man shall pay to the woman, on or before the fifth day of each month, the sum of Sh30,000, being his contribution towards the upkeep of the children,” said the justice Thande.

On top of that, the man was to cough a reasonable sum of money for the children’s entertainment while with the children and provide clothing on a 50:50 ratio.

The couple had their case heard and determined earlier on by the Children’s Court where the woman's will prevailed but the court placed the kids under the legal custody of both of them.

The man was to cater for 70 per cent of the children's upkeep with the court citing the difference in their income as the reason the woman would only manage 30 per cent.


The man only identified as DN in court was to only get limited access to his children on alternate weekends and through half the holidays.

Under the laws in Kenya,  Article 53 of the Constitution provides that 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 they are married to each other or not.