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S.R.L v R.S.L [2011] KEHC 4107 (KLR)

[2011] KEHC 4107 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
4107
Citation
[2011] KEHC 4107 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDivorcePostureRespondent's application for orders regarding school fees and child custodyCoramL. KIMARU
Holding

The court directs that the petitioner and the respondent agree on an affordable school for the child within seven days. If they cannot agree, the petitioner will pay 25% of the fees, and the respondent will pay 75%. The apportionment applies to arrears as well.

Facts

The child, K.L., was previously expelled from a school due to disciplinary issues. The petitioner, S.R.L., enrolled the child in a new school without consulting the respondent, R.S.L. The respondent cannot afford the school fees demanded by the new school.

Issues

  1. Responsibility for school fees
  2. Child custody and education

Reasoning

The court considers the best interest of the child and the financial situation of both parents. The child has stabilized at the current school, but the respondent cannot afford the fees.

Outcome

The court makes an order for the parties to agree on a school or apportion the fees.

Orders

  • Agree on an affordable school within 7 days
  • Petitioner pays 25% of fees, respondent pays 75%

Remedies

  • Apportionment of school fees

Authorities cited

Legislation (2)
  • Children Act
  • Civil Procedure Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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