Where to Report a Father for Child Support in Kenya: Complete Guide (2025)

Meta Description: Learn the step-by-step process for reporting a father for child support in Kenya, including legal channels, documentation requirements, and enforcement procedures. Expert guidance from Wangari Chege Law.

Understanding Child Support Obligations in Kenya

Child support is a legal obligation that ensures both parents contribute financially to their child’s upbringing, regardless of their relationship status. In Kenya, the Children Act of 2022 provides the legal framework for parental responsibility, including financial support. When fathers fail to meet these obligations, there are established legal channels for seeking enforcement.

Legal Options for Reporting a Father for Child Support in Kenya

The Children’s Court

The Children’s Court is the primary judicial body handling child support matters in Kenya. Here’s how to initiate the process:

1. File a Complaint: Submit an application for maintenance at the nearest Children’s Court in your jurisdiction.
2. Required Documentation:
   • Child’s birth certificate
   • Your identification documents
   • Proof of paternity (if available)
   • Evidence of financial need
   • Details of the father’s income and assets (if known)
3. Cost: Filing fees range from KSh 1,500 to KSh 2,500, though fee waivers are available for those in financial hardship.
4. Timeline: Initial hearing typically scheduled within 14-30 days of filing.

Department of Children’s Services (DCS)

The Department of Children’s Services offers support through Children’s Officers who can:

1. Mediate: Facilitate discussions between parents to reach voluntary support agreements.
2. Investigate: Assess the child’s circumstances and the parents’ financial capacities.
3. Recommend: Provide official recommendations to the court regarding appropriate support amounts.
4. Monitor: Oversee compliance with existing support orders.

Contact Information: Visit your county’s DCS office or call the national helpline at 116 for guidance.

Office of the Attorney General – Child Maintenance Section

The Attorney General’s office has a dedicated Child Maintenance Section that:

1. Provides legal advice on child support matters
2. Assists with documentation for court filings
3. Represents children’s interests in certain cases
4. Facilitates enforcement of existing support orders

Location: AG’s Chambers, Harambee Avenue, Nairobi Contact: 020-2251355/722-773003

The Process of Filing for Child Support in Kenya

Step 1: Documentation Gathering

Before initiating legal proceedings, compile:

• Child’s birth certificate
• Evidence of paternity (DNA test results, birth registration, acknowledgment of paternity)
• Records of existing financial contributions (or lack thereof)
• Proof of the child’s expenses (school fees, medical bills, daily necessities)
• Information about the father’s employment and income (if available)
• Photographs establishing the father’s relationship with the child

Step 2: Legal Consultation

While not mandatory, consulting with a family law attorney significantly improves your chances of success:

• Initial consultation: Most attorneys offer an initial meeting at costs ranging from KSh 3,000 to KSh 10,000
• Legal representation: Full representation may cost between KSh 30,000 and KSh 100,000 depending on complexity
• Legal aid options: Organizations like FIDA Kenya provide reduced-cost or free legal assistance to qualifying individuals

Step 3: Filing the Application

Submit a formal application for maintenance at the Children’s Court:

1. Complete the prescribed forms (available at the court registry)
2. Attach all supporting documentation
3. Pay the required filing fee
4. Obtain a case number and hearing date

Step 4: Service of Process

The respondent (father) must be formally notified:

• Court summons delivered by court process servers
• Service fees typically range from KSh 500 to KSh 2,000 depending on location
• Proof of service must be filed with the court

Step 5: Court Proceedings

The typical court process involves:

1. Initial Hearing: Both parties present their positions
2. Financial Disclosure: Father may be ordered to provide income and asset information
3. Negotiation: Opportunity to reach a consent agreement
4. Determination: If no agreement is reached, the court makes a determination based on:
   • The child’s needs
   • Both parents’ financial capabilities
   • The child’s previous standard of living
   • Other relevant factors

Enforcement Mechanisms for Child Support Orders

When fathers fail to comply with support orders, several enforcement options exist:

Attachment of Earnings Order

The court can direct an employer to deduct support payments directly from the father’s salary:

• Requires proof of employment and income
• Employer legally obligated to comply
• Payments remitted to the court or directly to the custodial parent

Warrant of Arrest

For persistent non-compliance:

• Court may issue a warrant for the father’s arrest
• Father brought before court to explain non-compliance
• Potential consequences include fines or imprisonment for contempt of court

Property Attachment

In cases involving substantial arrears:

• Court may order attachment of the father’s property
• Assets may be seized and sold to satisfy support obligations
• Requires legal assistance to execute effectively

Denial of Government Services

Recent legislation allows for:

• Suspension of driving licenses
• Denial of passport renewal
• Restrictions on certain business licenses
• Negative credit reporting affecting loan approvals

Alternative Dispute Resolution for Child Support

Mediation

Mediation offers a less adversarial approach:

• Neutral third-party facilitates negotiation
• Costs range from KSh 10,000 to KSh 30,000 for professional mediators
• Faster resolution (typically 1-3 sessions)
• Higher compliance rates than court-imposed orders

Family Group Conferences

Particularly effective in traditional family structures:

• Extended family members participate in finding solutions
• Focus on child’s best interests rather than parental conflict
• Can be organized through DCS or community organizations
• Minimal costs involved

Special Circumstances in Child Support Cases

DNA Testing for Disputed Paternity

When paternity is contested:

• Court may order DNA testing
• Costs range from KSh 15,000 to KSh 25,000
• Testing available at government and private medical facilities
• Results typically available within 5-10 working days

Interstate and International Enforcement

For fathers living outside the filing jurisdiction:

• Interstate cases handled through coordination between county courts
• International cases may utilize diplomatic channels
• Kenya is signatory to various international conventions facilitating cross-border enforcement
• Process typically takes longer (3-12 months)

Support for Children with Special Needs

Children with disabilities or medical conditions:

• Higher support amounts may be justified
• Medical documentation required
• Court considers additional expenses for therapy, special education, and medical care

Financial Support Programs for Single Parents

While pursuing child support, these resources can help:

Cash Transfer Programs

• Inua Jamii: Government cash transfer program for vulnerable households
• Cash Transfer for Orphans and Vulnerable Children (CT-OVC): Monthly stipends for qualifying families

Educational Assistance

• Secondary Education Bursary Fund: Financial assistance for school fees
• Wings to Fly Program: Equity Bank scholarship program
• Constituency Development Fund (CDF): Local scholarships

Medical Coverage

• NHIF Coverage: Subsidized health insurance enrollment
• Linda Mama Program: Free maternal and child healthcare

Frequently Asked Questions About Child Support in Kenya

How much child support should a father pay in Kenya?

There’s no fixed amount or percentage. Courts determine support based on:

• The child’s needs and previous standard of living
• Both parents’ income and financial capacity
• Number of children requiring support
• Special circumstances (medical conditions, educational needs)

Can I report a father for child support if we were never married?

Yes. Parental responsibility exists regardless of the parents’ marital status. The Children Act of 2022 explicitly states that all children have equal rights to support from both parents.

How long does the child support process take in Kenya?

Timeframes vary based on:

• Court backlog in your jurisdiction (typically 3-6 months for initial orders)
• Whether paternity is disputed (adding 1-2 months)
• Father’s cooperation with proceedings
• Complexity of financial arrangements

Until what age can child support be claimed?

Standard support continues until age 18, but may be extended if the child:

• Is pursuing higher education
• Has special needs or disabilities
• Is dependent due to other justifiable circumstances

What if the father’s location is unknown?

The court can proceed with an ex parte hearing. You may also:

• Request DCS assistance in locating the father
• Publish notices in newspapers (substituted service)
• Utilize social media evidence to establish paternity and location

Why Choose Wangari Chege Law for Your Child Support Case

Our family law team offers:

• Specialized expertise in child support enforcement
• Compassionate representation focused on your child’s best interests
• Strategic approaches to maximize support outcomes
• Affordable fee structures with payment plans available
• Proven track record of successful maintenance cases

Contact Wangari Chege Law for a Consultation

Securing proper child support is crucial for your child’s wellbeing. Our experienced family law attorneys can guide you through every step of the process with professionalism and dedication.

Contact us today to schedule your consultation:

• Address: Tembo House, 5th Floor, Suite 5, Moi Avenue, Nairobi
• Phone: +254 707 718 226
• Email: Admin@wangarichegelaw.co