Both parents have a legal duty to support their children, regardless of whether they were married or not. Under the Children Act, 2022 (formerly Cap 141), a child is entitled to reasonable maintenance for education, healthcare, housing, food, and clothing. In Machakos, the Children’s Court (Magistrate’s Court) hears maintenance cases. This article explains how the court calculates the monthly amount and what factors influence the decision.
Who Can Apply for Maintenance?
- A parent (custodial parent) on behalf of the child.
- A guardian or close relative caring for the child.
- The child themselves (if over 18 and in school or disabled).
Factors the Court Considers (Section 97, Children Act)
- Financial resources of each parent (income, assets, liabilities).
- The child's reasonable needs (school fees, medical expenses, transport).
- Any special needs or disabilities.
- The standard of living the child would have enjoyed if the family remained intact.
- The age of the child and whether they are in full-time education.
Calculation Method in Practice
There is no fixed formula. However, the court typically:
- Estimates the total monthly cost of raising the child (e.g., school fees + uniform + food + medical cover + transport).
- Divides that total between both parents proportionally to their incomes.
- If one parent has primary custody, the non‑custodial parent pays their share directly.
Enforcement of Maintenance Orders
If a parent defaults, the court can issue a warrant of attachment of salary or seize property. In Machakos, many defaulters face committal to civil jail for contempt. We recommend negotiating a consent order to avoid acrimony.
"Children do not stop needing support because of a parent's anger or unemployment. The court expects both parents to make sacrifices for their offspring." — Faith Musyoka, Children’s Advocate
Musyoka & Mutinda Advocates assists parents in filing or defending maintenance claims at the Machakos Children’s Court.