AIJ v EMA (Civil Appeal E005 of 2025) [2025] KEHC 13086 (KLR) (24 September 2025) (Judgment)
- Court
- High Court of Kenya
- Case number
- 13086
- Citation
- [2025] KEHC 13086 (KLR)
- Decided
- 24 September 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling of Hon. Otuke S. (S.R.M.)CoramAI, JN ONYIEGO, Nyaundi
Holding
The execution order by way of salary attachment was proper, and the appellant is required to fulfill his parental responsibilities towards the minor.
Facts
The appellant and respondent were married under Islamic law, and they had a daughter named LA aged 12 years. The appellant allegedly neglected to provide for the minor's upkeep and school fees, leading to her dropping out of school.
Issues
- Whether the execution order by way of salary attachment made on 30-1-2025 was proper.
- Whether the appellant is fulfilling his parental responsibilities towards the minor.
Reasoning
The court emphasizes the best interest of the child and the equal joint responsibility of the parents. The appellant is ordered to pay the upkeep of the child, school fees, and outstanding school fees.
Outcome
Affirmed
Orders
- The appellant is ordered to pay the upkeep of the child to the tune of Kshs 10,000/=.
- The appellant is ordered to pay the school fees of the minor as per the fees structure.
- The appellant is ordered to pay the outstanding school fees of Kshs 27,600/=
Remedies
- The appellant is ordered to fulfill his parental responsibilities towards the minor.
Authorities cited
Legislation (3)
- Children Act
- African Charter on the Rights of the Child
- UN Convention on the Rights of the Child
Cases cited (2)
- MAA v ABS (2018) eKLR
- MWN (Suing as Mother & Next Friend of JEO Minor) v JOO (Civil Appeal 9 of 2022)
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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