The Court ruled that separated parents must act fairly and consult each other before making major financial decisions about their children. The court said one parent cannot unilaterally increase the other parent’s financial burden without consent.
The decision also offers new guidance on a dispute that has become more common in Kenyan courts as separated and divorced parents increasingly disagree on responsibility for major expenses. Such costs include university education, medical care, and other significant needs.
In the case before the court, divorced parents clashed over who would pay for their daughter’s university education after she turned 18. The disagreement began when the daughter moved from a public university to a more expensive private institution without her father’s approval.
The lower court ordered the father to pay tuition and related university expenses, as well as provide comprehensive medical cover. The father appealed, arguing that he should not be required to pay costs linked to a decision he did not approve.
On appeal, the Court of Appeal upheld the view that parental responsibility can continue even after a child turns 18 when the child is pursuing higher education. The judges stressed, though, that the obligation must operate fairly and reasonably, with both parents consulted on major financial decisions that affect the child.
The court found that while both parents remained responsible for supporting their daughter, the mother could not move her to a more expensive university on her own and then demand that the father automatically cover the higher costs. Instead, it limited the father’s contribution to the amount he would reasonably have paid had the student stayed at the original public university, while placing the extra expenses from the transfer on the mother.
The judges also addressed another challenge that many families face as they try to fund higher education. They ruled that students should first seek available government support, including funding through the Higher Education Loans Board (HELB), as well as bursaries and scholarships, before parents step in to cover any remaining costs.
The court also overturned the lower court’s order requiring the father to provide comprehensive private medical insurance. It found no evidence that the student had special medical needs that could not be met through the health cover already available to university students.
Overall, the ruling offers clearer guidance for separated parents by reinforcing the need for joint agreement on major expenses. The court added that when disputes arise, judges will look at fairness, consultation, and each parent’s financial capacity.
