Child Support in Kenya

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