CHILD
SUPPORT IN KENYA
Child support has been one of the
greatest challenges faced by men and women when they are separated from their
partners or get divorced. This article will focus on services given by the
Children Offices in Kenya that ensure children are supported by their parents.
In Kenya, child support is guided by
the Children’s Act, 2001 (No. 8 of
2001) (Cap. 141). In the Act, the interest of the child is given the utter most
importance 4(2).
The Children’s Act 2001 is
implemented by the Ministry of East African Community (EAC), Social Protection and
Labour. Issues on Children’s Rights are covered under the State Department for
Social Protection at the national level and the counties and sub-counties it is
implemented by the Children’s Office which is headed by a District Children
Officer (DCO) who is supported by the Children Officers (CO). The children
office offers different services ranging to: mediation, counselling, home
visits and court reports.
On
child support, the Children’s Office is responsible for ensuring that the basic needs
of the children are met.
Section 23 of the Children’s Act, covers Parental Responsibility. According to the
Children’s Act 2001, “parental
responsibility” means all the duties, rights, powers, responsibilities and
authority which by law a parent of a child has in relation to the child and the
child’s property in a manner consistent with the evolving capacities of the
child. The duties referred to in subsection (1) include in particular— (a) the
duty to maintain the child and in particular to provide him with— (i) adequate
diet; (ii) shelter; (iii) clothing; (iv) medical care including immunization;
and (v) education and guidance.
When seeking for child support the
Children’s Office is usually the first place one is expected to visit, though
other people prefer going directly to the Court of Law. Child support can be filed
by either parent, guardian or custodian. At the Children Office, a ‘summon letter’ is issued which is to
be delivered to either the mother or the father of the child. They are then
expected to both appear on the date stated. They are assigned to a Children’s Officer
who will act as a mediator, if the parents come to an agreement, they sign an “agreement” which is a legally binding
document that holds accountable each parent on the responsibilities agreed upon.
For the mediation; parents are made aware of the most basic needs of the child;
health, education, shelter, food and clothing. This is expected to be shared
equally between the parents.
· Health; mostly covered by the father of the
child unless the mother opts to. The father is advised to get an insurance card
for the child to reduce the use of physical cash between the mother and the
father.
· Education; also covered by the father of the
child. This includes all that appertains to education, from the school
uniforms, stationery, school fees. One key issue to highlight is, the father
takes the child to a school that he can afford regardless of the mother’s
choice.
· Shelter; the child is required by the law
preferably to stay with his mother. Key attention should be given that the
child is to reside at the physical location of the mother. In this
circumstances, the mother pays her own housing rent. This is encouraged to
reduce any complications that can come about when the mother of the child
decides to remarry.
· Clothing;
the mother is
expected to cater for the child’s clothing
· Food; both parents take half of the cost
to provide a balanced diet for the child.
Points
to note:
- When the father pays for child support, he is entitled to child visits.
- In cases where it is the father who stays with the child, the mother is expected to support the father in providing for the child that includes taking care of clothing, and food and is also entitled to child visits.
- Fathers can get custody of the children if they can prove that the mother is not capable of taking care of the child.
- As a mother, if you abandon your child or deny your child parental care and love, you are liable to answer to the law.
- When a child turns eighteen, it is difficult for them to seek support unless in circumstances that warrant support beyond them being eighteen years of age.
Link to Children's Act :http://www.childrenscouncil.go.ke/images/documents/Acts/Children-Act.pdf
By: Nyabena Susan
Blogger/Gender Expert
Blogger/Gender Expert
