A Kenyan court has issued a major ruling on parental responsibility, ordering a separated couple to equally share the financial cost of raising their children rather than placing the burden entirely on one parent.
The Bungoma Children’s Court reportedly issued the interim orders on August 20, 2026, after the mother approached the court seeking an order requiring the father to fully cover the children’s expenses. The court, however, ruled that both parents should contribute equally toward the children’s upkeep and general maintenance while the main case remains pending.
Under the ruling, the parents must also share school fees and other school-related expenses equally at the children’s current schools through the end of the academic year. After that, both parents are expected to jointly decide which schools the children should attend, taking into consideration their educational needs and the parents’ financial abilities.
The court further stated that if the parents cannot agree on the choice of schools, the father may contribute an amount equivalent to what he had previously been spending on the children’s education, while the mother would be responsible for any additional balance resulting from a more expensive school choice.
Custody was also addressed, with the existing physical custody arrangement remaining in place for now. Both parents, however, were granted equal legal custody, allowing each of them to participate in important decisions involving the children, including education, healthcare and other major issues.
The decision has sparked attention because it reinforces the principle that raising children remains the responsibility of both parents even after a relationship or marriage ends. Kenya’s Constitution recognizes equal parental responsibility, although previous court decisions have also noted that equal responsibility does not always require an identical financial contribution when parents have different incomes or circumstances.
The main case is still pending, meaning the latest orders are interim measures until a final determination is reached.
