Do both parents have equal rights and duties over a child?
Children Act 2022 and Constitution of Kenya · sources read 4 Oct 2026
Both parents share parental responsibility for a child equally, and neither the mother nor the father has a superior right, whether or not they were married when the child was born. That responsibility includes providing food, shelter, clothing, medical care, basic education and guidance, naming the child and registering the birth.
- Where
- Children's Office (mediation, or call 116); the Children's Court at any magistrate's court
Steps
- Parents who are not married to each other can sign a parental responsibility agreement setting out each parent's duties.
- If you disagree on care, education, health or maintenance, the Children's Office offers mediation. Reach it through a Children's Office, a court or the child helpline 116.
- A parent, guardian or custodian can apply to the Children's Court on maintenance of the child.
- All magistrate's courts handle children matters; Milimani (Nairobi) and Tononoka (Mombasa) are specialised Children's Courts.
Watch out
- A parent cannot give away or hand over parental responsibility to someone else.
- You can leave the child with a fit person while you are away, but you stay responsible if things go wrong.
- Blocking the other parent's access in breach of an agreement or court order is an offence: up to 1 year in jail, a fine of up to KSh 500,000, or both.
Who this covers
- Mothers and fathers, whether the child was born within or outside marriage.
- Every child has a constitutional right to care and protection from both parents, married or not.
Official sources (4)
- The Children Act, 2022 (No. 29 of 2022), Kenya Gazette Supplement childrenservices.go.ke · read 4 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Our Services: Child Protection Mediation Services childrenservices.go.ke · read 2 Oct 2026
- Magistrate Courts judiciary.go.ke · read 2 Oct 2026