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Child Maintenance in Kenya 2026: How Courts Calculate the Amount
Mediation-first
directive in force
Children Act — the
governing statute
Parents obligated
regardless of marital status
Standard end date
(extendable in school)
⚖️ Laws & Official Sources
The Legal Basis: Children Act 2022
On 10 June 2022, Kenya enacted the Children Act, 2022 (No. 29 of 2022), replacing the Children Act, Cap. 141 of 2001. The new law brought Kenya’s child welfare framework in line with the Constitution of Kenya, 2010, and updated over two decades of child protection legislation.
Section 94 of the Children Act, 2022 is clear: every parent has a duty to maintain their child. That duty exists regardless of whether the parents were ever married to each other. It applies equally to biological parents, adoptive parents and, in defined circumstances, to legal guardians and step-parents who have assumed parental responsibility.
Article 53(1)(e) of the Constitution reinforces this: every child has the right to parental care and protection, which includes equal responsibility by the mother and father. The word “equal” has been interpreted by courts to mean proportional — not a rigid 50/50 split — but it firmly places the obligation on both parents simultaneously.
What changed most significantly in 2022 is the procedural architecture. The Children Act 2022 empowers both the Children’s Court and Magistrate’s Courts to hear maintenance applications, determine liability and specify the amount, frequency and duration of payments. The Family Division of the High Court handles more complex matters. The April 2026 directive from the Judiciary has added a mandatory mediation stage — more on that below.
Many parents believe that the parent without custody does not have to pay maintenance if they have “lost” access to the child. This is wrong. The duty to maintain a child under the Children Act 2022 is independent of custody arrangements. A parent can be refused contact with the child and still be ordered to pay — and will be legally required to do so.
Who Can Apply and Against Whom
Section 8 of the Children Act 2022 sets out who may apply for a maintenance order. The applicant must be a person acting in the child’s best interests:
- The parent who has day-to-day care and custody of the child
- A legal guardian appointed by a court
- A caregiver (relative or other person) who is directly responsible for the child’s day-to-day welfare
- In certain cases, the child themselves through a “next friend” once of sufficient maturity
The respondent — the person from whom maintenance is sought — is the parent, guardian, or legally responsible person who is failing to contribute their share. The obligation is not limited to fathers: a mother who earns more than the father can be ordered to pay or increase her contribution.
How Courts Calculate the Amount
The Children Act 2022 does not prescribe a fixed formula or percentage. Courts consider a range of factors and have broad discretion. In practice, the following elements drive the calculation:
| Factor | How Courts Apply It |
|---|---|
| Financial capacity of each parent | Income, assets, liabilities and earning potential of both parents. A parent who is voluntarily under-employed can be assessed on their potential income, not just their declared salary. |
| Child’s actual needs | School fees, medical costs (including medical insurance), food, clothing, transport, extracurricular activities. Courts examine actual current expenses, not hypothetical ones. |
| Standard of living | If the child is accustomed to a particular lifestyle (e.g. private school education), courts try to maintain that standard — and the parent who can afford it is expected to fund it. |
| Number of dependants | A parent who has children from another relationship is not exempt, but courts factor in existing obligations when assessing capacity. |
| Special needs | A child with a disability or chronic medical condition will generate higher assessed needs, and the maintenance order will reflect this. |
| Contribution in kind | Where one parent provides accommodation, food or schooling directly, this is credited against cash maintenance. Courts avoid double-counting. |
There is no nationally gazetted minimum monthly maintenance figure in Kenya. However, courts in Nairobi have in recent years ordered amounts ranging from KES 5,000 to well over KES 100,000 per month depending on the child’s needs and the parents’ financial circumstances. The figure that matters is the one the court determines for your specific child — not a generic average.
Present a detailed budget of the child’s actual monthly expenses, supported by receipts or statements. Courts award maintenance on the basis of demonstrated need — not on what the applicant thinks sounds reasonable. A parent who arrives with school fee statements, medical invoices and a monthly expenditure schedule consistently achieves better outcomes than one who presents general figures.
The 2026 Mediation Directive: The New First Step
On 17 April 2026, the Judiciary issued a directive strengthening court-annexed mediation as a mandatory first step in most family disputes, including maintenance claims. This is the most significant procedural change for anyone pursuing maintenance in 2026.
What it means in practice: before a full maintenance hearing proceeds, the court will refer the matter to a certified mediator. The mediation session is structured — it is not simply a conversation. Both parties present their financial positions, the mediator helps them negotiate an agreed amount, and if agreement is reached, the mediator’s report is converted by the court into a consent order with the full force of a court judgment.
| Mediation | Full Court Hearing |
|---|---|
| Generally 1–3 sessions, often within weeks | 6–18 months or longer |
| Private and confidential | Public record |
| Both parties control the outcome | Judge decides |
| Lower cost | Higher cost |
| Agreement converted to consent order — enforceable as a judgment | Formal court order — enforceable as a judgment |
| May not work if one party refuses to disclose income honestly | Court can compel disclosure through formal orders |
If mediation fails — because one party refuses to participate, conceals financial information, or the gap between positions is too wide — the matter proceeds to a full hearing before a magistrate or judge. The mediation process does not delay justice for urgent cases: where a child is at immediate risk of deprivation, the court can issue interim maintenance orders without waiting for mediation.
How to Apply for a Maintenance Order
The child’s birth certificate (to establish parentage), evidence of the other parent’s income (salary slips, business records, bank statements if available), a detailed monthly budget for the child, and any previous parental responsibility agreement or consent order.
For most maintenance claims, the correct forum is the Children’s Court (usually at the Magistrate’s Court level in your sub-county). For high-value claims or where the matter is linked to a divorce, the Family Division of the High Court may be appropriate.
Following the April 2026 directive, expect the court to refer the matter to mediation before scheduling a contested hearing. Attend the session with your financial documents and a clear idea of the minimum amount that meets the child’s needs.
Both parties present evidence of income, expenses and the child’s needs. The magistrate or judge may order the respondent to produce financial records if they dispute the applicant’s account of their income. The hearing typically concludes with a formal maintenance order specifying the amount, payment frequency and payment method.
Where possible, request that the court order payments to be made directly to a bank account or via mobile money (M-Pesa). This creates an automatic record of payment or default — critical for any future enforcement action.
Struggling to get or enforce child maintenance?
Family law advocates at Lawyers-ke.com know how courts calculate maintenance amounts and how to compel disclosure of hidden income. They can represent you in mediation and in court.
Enforcing a Maintenance Order When Payment Stops
A maintenance order is only as good as its enforcement. When a parent stops paying, the remedies available are real — and they have teeth.
| Enforcement Method | How It Works |
|---|---|
| Notice to Show Cause | The court summons the defaulting parent to explain why they have not paid. If they cannot show cause, the court can impose civil imprisonment or attach their income. |
| Attachment of Salary | An attachment order directs the defaulting parent’s employer to deduct the maintenance amount directly from salary before payment — bypassing the parent entirely. |
| Attachment of Assets | Where income is insufficient or unavailable, the court can order seizure and sale of the defaulting parent’s assets to satisfy the maintenance arrears. |
| Civil Imprisonment | Persistent, wilful default can result in a civil jail term — not a criminal sentence, but still a powerful incentive to comply. |
| Reporting to Immigration | In cross-border cases, the court can alert immigration authorities to prevent a defaulting parent from leaving Kenya without settling arrears. |
The Hidden Income Problem
The most common obstacle in maintenance proceedings is a parent who understates their income. A self-employed business owner who declares minimal salary while driving a Range Rover and taking annual holidays abroad is a well-known archetype in Kenyan family courts. Advocates and courts have developed strategies to address this.
Courts are not bound to accept declared income at face value. A magistrate can consider lifestyle indicators: the type of vehicle driven, school where the parent’s other children are enrolled, property owned, social media activity showing travel and expenditure. Where a parent refuses to disclose financial records, the court can draw adverse inferences — effectively attributing a higher income based on the totality of available evidence.
A mother sought maintenance for her two children. The father, a contractor, declared a monthly income of KES 50,000. She produced bank statements showing regular transfers to him of KES 300,000–KES 500,000 per month from clients, alongside evidence that he drove a late-model SUV and had recently purchased land in Kiambu. The court assessed his income at KES 350,000 per month — seven times his declared figure — and ordered maintenance of KES 80,000 monthly, split between the two children. The lesson: evidence of lifestyle, spending and business income speaks as loudly as a payslip.
Frequently Asked Questions
Does child maintenance apply if the parents were never married?
Until what age does child maintenance apply?
Can I apply for maintenance without going to court?
What if the parent paying maintenance loses their job?
Can school fees be included in a maintenance order?
How long does a maintenance case take from filing to order?
Can a maintenance order be enforced if the other parent moves abroad?
Does the parent paying maintenance also have a right to see the child?
The Bottom Line
The Children Act 2022 and the 2026 mediation directive together create a system that strongly favours resolution over prolonged litigation. For parents who engage honestly with the process — disclosing income accurately, presenting the child’s real needs, and approaching mediation in good faith — the outcome can be achieved quickly and cost-effectively.
The overlooked reality: the parent who documents better almost always receives or pays a fairer amount. Courts cannot guess at needs or income. They rely on evidence. A school fee structure, a medical history, a bank statement, a lifestyle photograph — each piece builds the picture that determines the order. Start assembling that picture before you file, not after.
Need a child maintenance order — or want to vary an existing one?
Family law advocates at Lawyers-ke.com can help you file, negotiate in mediation, enforce orders and address hidden income. Free search, no commitment.
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