A court in Nyeri has declined to award Sh28,000 monthly upkeep to a woman and her child. The woman, only identified as JWM wanted the court to compel her ex-husband to pay the monthly fee.
Justice Florence Nyaguthii Muchemi said the lady was not under any gainful employment and should therefore not impose full maintenance responsibility on the ex-husband.
The judge said the woman was required to show seriousness by making effort to meet her obligations as a parent. She said the raising a child was a shared responsibility and the woman would make not remain unemployed if she engaged in self-employment efforts for a little income.
“Small beginnings grow into big things. The appellant must be seen to make some effort towards contributing to the maintenance of the child as required by the law. She cannot wholly depend on the respondent whose income is also limited bearing in mind his other responsibilities as was demonstrated,” she stated.
JMW had appealed the case after an August 2018 ruling that granted her full custody of the child. She was to provide shelter and cater for utility expenses.
The man, who is married and responsible for another family, earns Sh100,000. He was given visitation rights based on an agreement between the two parties. He was also to enrol the child under his employer’s medical cover, pay school fees and cater for related expenses once the minor started school.
Both parents were to contribute Sh6,000 monthly towards food and clothing for the child.
However, the woman was aggrieved by the ruling, and she proceeded to file an appeal. But Lady Justice Muchemi said the trial magistrate had considered all the material presented before her and would not award the amounts sought by the woman.