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CIN v JNN (Civil Appeal 85 of 2013) [2014] KEHC 8285 (KLR) (Family) (2 October 2014) (Ruling)

[2014] KEHC 8285 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
8285
Citation
[2014] KEHC 8285 (KLR)
Decided
2 October 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a decision of the Children's CourtCoramLK KIMARU
Holding

The Appellant's application to stay the execution of the maintenance order is granted, and he is ordered to pay Kshs.10,000 per month as maintenance and Kshs.5,000 for medical cover.

Facts

The Appellant was ordered to pay Kshs.30,000 per month as maintenance for a minor child, while the Respondent claimed she needed Kshs.5,000 per month.

Issues

  1. Whether the Appellant should be ordered to pay Kshs.30,000 per month as maintenance
  2. Whether the Appellant assumed parental responsibility for the Respondent's child

Reasoning

The Appellant's net income was insufficient to meet the maintenance order, and he had not assumed parental responsibility for the child.

Outcome

Appeal granted, maintenance order stayed

Orders

  • Maintenance order stayed pending appeal
  • Appellant to pay Kshs.10,000 per month as maintenance
  • Appellant to pay Kshs.5,000 for medical cover

Remedies

  • Maintenance order stayed
  • Appellant to pay maintenance and medical cover

Authorities cited

Legislation (2)
  • Children Act
  • Article 53(1)(e) of the Constitution
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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