How to Apply for Child Support in Kenya: Children’s Court Steps and Documents

Updated 31 October 2026

To apply for child support in Kenya, you file a maintenance application at the Children’s Court with an affidavit, the child’s birth certificate, evidence of parentage and evidence of both parents’ income and the child’s needs. Under the Children Act, 2022, both parents share parental responsibility, including the duty to maintain the child, whether or not they were married. This guide explains the process step by step.

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Updated October 2026. This is general information, not legal advice; speak to an advocate or a legal aid provider about your case.

Who has to pay child support?

The Children Act, 2022 makes parental responsibility equal and joint for both parents. That includes providing food, shelter, clothing, education and medical care. A parent cannot avoid this duty because the parents separated, never married, or because the other parent has a new partner. The court looks at what each parent earns and can afford, and what the child actually needs.

Who can apply?

• The parent who lives with the child
• A guardian or person who has actual custody of the child
• Any other person acting in the child’s best interests, with the court’s permission

Documents to prepare

• The child’s birth certificate; if you do not have one, see how to apply for a birth certificate
• Your national ID
• Evidence of parentage if it is disputed (the court can order a DNA test)
• Evidence of the child’s expenses: school fee structures, receipts for food, rent, medical bills, transport
• Any evidence of the other parent’s income or assets: payslips, business details, property
• Copies of any previous agreements or court orders

Step-by-step: how to apply for child support in Kenya

1. Try to agree first. Many families settle maintenance through mediation, including court-annexed mediation, which is quicker and cheaper. An agreement can be recorded as a court order.
2. File the application at the Children’s Court nearest to where the child lives. The application is supported by an affidavit setting out the facts and the amount you are asking for.
3. Serve the other parent with the court papers.
4. Attend the hearing. Both parents can present evidence of income, expenses and the child’s needs. The court may ask a children’s officer for a report.
5. Get the order. The court can order periodic payments (for example monthly), payment of specific costs such as school fees and medical cover, or a lump sum.

You can apply for interim maintenance while the case is pending if the child needs support immediately.

How the court decides the amount

There is no fixed formula. The court considers:

• each parent’s income, earning capacity and assets;
• each parent’s other financial obligations;
• the child’s needs, age and standard of living;
• any special needs such as health conditions or disability.

A realistic, well-documented budget for the child carries far more weight than a round number. List monthly costs line by line and attach receipts.

What if the other parent does not pay?

Go back to the Children’s Court to enforce the order. The court can inquire into the parent’s means, order payment of arrears, set instalments, and use other enforcement measures available under the law, such as attachment of earnings through an employer. Keep a record of every payment received, with M-Pesa or bank statements; our guide to getting a full M-Pesa statement shows how.

Can an order be changed?

Yes. Either parent can apply to vary a maintenance order if circumstances change, for example a job loss, a big pay rise, or a change in the child’s school or health needs.

Getting help

If you cannot afford an advocate, contact the National Legal Aid Service, legal aid clinics run by universities, FIDA-Kenya for women, or a children’s officer at the sub-county office. Children’s officers can also help with mediation.

FAQ

Where do I file for child support in Kenya?

At the Children’s Court, usually in the area where the child lives.

Do unmarried fathers have to pay child support?

Yes. Under the Children Act, 2022, parental responsibility, including maintenance, is shared by both parents regardless of marriage.

How much child support will the court order?

It depends on both parents’ means and the child’s needs; there is no fixed percentage.

Can I get support while the case is ongoing?

Yes, you can ask the court for interim maintenance.