High Court Explains Who Pays When a Child Switches to a Costlier University

Court Rules Second Wife in Void Marriage Still Has Succession Rights

The High Court has ruled that one parent cannot unilaterally transfer a child from a public university to a more expensive private institution and then force the other parent to shoulder the additional costs.

In a judgment delivered on April 17, 2026, Justice Helene Namisi said major educational decisions that significantly increase a parent’s financial responsibility must not be made without the other parent’s involvement.

The case involved a dispute between two parents over who should pay their adult daughter’s university expenses after she was moved from Jomo Kenyatta University of Agriculture and Technology (JKUAT) to Kabarak University.

Court Says Parents Share Equal Responsibility

The court acknowledged that both parents have an equal responsibility to support their child under the Constitution.

However, Justice Namisi clarified that equal responsibility does not automatically mean parents must split every expense equally.

“Parents have an equal responsibility to provide for the child. However, courts have firmly settled that equal responsibility does not translate into a rigid, mathematical 50:50 financial split.”

The judge noted that financial contributions should reflect each parent’s ability to pay while ensuring fairness.

One Parent Cannot Increase the Other’s Financial Burden

The court found that the mother had unilaterally chosen a more expensive private university, resulting in significantly higher tuition fees.

Justice Namisi ruled that such a decision could not automatically increase the father’s financial obligations.

The court also found that the earlier maintenance order was flawed because it failed to place limits on the father’s liability.

“The trial court’s apportionment is inherently flawed because it failed to cap the Appellant’s liabilities, exposing him to the unchecked inflation of the private university chosen unilaterally by the Respondent.”

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Adult Children Should Also Seek Financial Support

The High Court said university students who have reached adulthood also have a responsibility to reduce the financial burden on their parents.

The judge stated that they should actively seek available funding such as HELB loans, bursaries and scholarships before expecting their parents to meet the full cost of university education.

The ruling emphasized that parental support should be balanced with the availability of government and institutional financial assistance.

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Call for Clear Maintenance Orders

Justice Namisi also criticized maintenance orders that use vague terms such as “related expenses.”

According to the court, unclear wording often leads to disagreements between parents and prolonged legal disputes.

The judge said maintenance orders should clearly define each parent’s responsibilities to avoid confusion.

Caps Father’s Tuition Responsibility

The High Court allowed the appeal in part and revised the Children’s Court decision.

Under the new orders:

The father’s responsibility for tuition fees will be capped at the equivalent amount payable at JKUAT, where the daughter had originally enrolled.
Any tuition, accommodation or other university costs above the JKUAT rate at Kabarak University will be paid solely by the mother, who made the transfer decision.
The father’s tuition contribution will also be reduced by any HELB loan, bursary or scholarship awarded to the student.
The father will continue paying for school materials, academic activities and uncovered medical expenses.
The mother will remain responsible for providing food, shelter, clothing and utilities, especially during academic holidays.

Each party will bear their own legal costs.

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