- The High Court limited a father’s duty to pay his daughter’s university fees to public university rates, ruling he cannot be forced to cover higher private institution costs chosen without his consent
- Justice Helene Namisi emphasised that both parents must support their child based on financial capacity, with the daughter also expected to seek HELB loans, bursaries, or scholarships to ease the burden
A father ordered to shoulder the full cost of his daughter’s university education has won a partial reprieve after the High Court in Nairobi ruled that his financial obligation must be capped at public university rates, even though the child was transferred to a private institution.
Justice Helene Namisi delivered the judgment on the family appeal, which challenged an earlier decision by the Milimani Children’s Court requiring the father to pay college fees, related expenses and comprehensive medical cover for his daughter without any limit.
The dispute stemmed from a marriage that broke down in 2018, after which the mother took on the responsibility of raising the couple’s daughter alone. The child later joined the Jomo Kenyatta University of Agriculture and Technology (JKUAT) for a nursing degree before being moved to Kabarak University to study clinical medicine, a decision the mother made without consulting the father.
The father argued that shifting his daughter to a private university more than doubled his financial burden and that he should not be held liable for fees resulting from a decision he did not agree to. He also contended that the lower court’s directive to cover “related expenses” and provide comprehensive medical insurance was vague and left him exposed to unlimited demands.
In her ruling, Justice Namisi found that while both parents share a constitutional duty to support their child under Article 53 of the Constitution, that responsibility does not require an automatic 50 per cent split and must instead reflect each parent’s financial capacity.
The court noted that a review of financial records showed the father had substantial undisclosed income, while the mother, a nursing professional, had failed to file an affidavit of means in the original proceedings, prompting the court to draw an adverse inference against her.
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On the question of university choice, the judge ruled that a parent cannot unilaterally transfer a child to a costlier institution and expect the other parent to automatically absorb the additional expense. The court capped the father’s tuition obligation at the rate he would have paid at JKUAT, with any extra cost arising from the switch to Kabarak University to be borne by the mother.
The judgment also directed that the daughter apply for funding through the Higher Education Loans Board (HELB), noting that the father’s liability for fees should be reduced by any loan, bursary or scholarship she receives.
The court further found that the earlier order for a private comprehensive medical cover was excessive, ruling that the father’s duty is fulfilled once the child is enrolled in the national statutory health scheme and the mandatory university medical fee is paid.
Justice Namisi allowed the appeal in part, setting aside the original judgment and substituting it with revised orders that extend parental responsibility for the duration of the daughter’s undergraduate studies, cap the father’s tuition liability, and clarify what qualifies as related expenses. Each party was directed to bear its own costs.
By Benedict Aoya
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