Parental Responsibility Agreements in Kenya

Introduction

When parents separate or where they never lived together in the first place, questions about where a child will live, how time will be shared and who covers school fees and medical bills can turn into a lasting source of tension. A Parental Responsibility Agreement (PRA) gives parents a structured way to settle these questions in advance, rather than leaving them to be worked out or fought over as they arise.

Rather than relying on informal understandings that can shift or be forgotten, a well-drafted PRA sets out clear expectations on the child's care, time with each parent, education, health, upkeep, travel and how decisions will be made.

In Kenya, this area is governed primarily by the Constitution and the Children Act, 2022, both of which place a child's welfare and best interests at the heart of any arrangement.

What exactly is a Parental Responsibility Agreement?

A PRA is a written agreement between parents setting out how each will carry out their responsibilities to their child.

Section 33 of the Children Act, 2022 allows unmarried parents to enter into such an agreement, in the prescribed form, assigning clear individual responsibilities in the child's best interests. This can take the shape of a parenting plan covering the practical, day-to-day realities of raising the child.

A PRA tends to be worth considering where:

• the parents have separated, or never lived together;
• the parents are based in different homes, towns or countries;
• the parents want a predictable, workable schedule for access;
• there is disagreement over maintenance or shared costs;
• travel or relocation is on the horizon; or
• both parents simply want to head off future disputes over how their child is raised.

It's worth stressing that a PRA is not only about visitation. Done well, it is a full framework for how parental responsibility will actually be exercised.

What does "parental responsibility" mean under Kenyan law?

The Children Act defines it broadly as the full set of duties, rights, powers and authority a parent holds in relation to a child and the child's property, exercised in step with the child's evolving needs and capacities.

This covers basics like food, shelter, water, clothing, medical care and education, as well as protecting the child from neglect, abuse and discrimination, and guiding the child on religious, moral, social and cultural matters. In other words, parental responsibility reaches well beyond paying maintenance or having physical custody.

Is parental responsibility shared equally between parents?

Yes. Section 32 provides that, subject to the Act, both parents carry parental responsibility on an equal footing. Neither parent has a stronger claim purely because of gender, or because the child was born outside marriage.

That doesn't automatically mean the child's time must be split down the middle. It means both parents carry responsibility and should be involved in the child's upbringing in a way that reflects the child's best interests and the family's actual circumstances.

What should go into a Parental Responsibility Agreement?

There's no template that fits every family — a good PRA is shaped around the child's age and needs, school arrangements, the parents' circumstances and geography. Section 33(2) lists a number of matters a parenting plan may cover:

1. Residence and living arrangements. Where the child will ordinarily live. Whether with one parent primarily, split between both, term-time with one and holidays with the other, or some form of shared care and arrangements for school holidays, illness and exams. The goal is stability and welfare, not an even split for its own sake.
2. Time with each parent. A concrete schedule covering weekdays, weekends, overnights, holidays, birthdays, calls and video contact, pick-up and drop-off logistics, and who covers transport costs. Vague language like "reasonable access" tends to invite disagreement rather than prevent it.
3. Education. The child's school, who pays fees, uniforms and books, transport, trips and extracurriculars, attendance at parent-teacher meetings, access to school records, and how a change of school would be decided.
4. Healthcare and medical costs. Medical insurance, routine care, immunization, dental and specialist treatment, emergency care, and how costs outside insurance are shared. Emergencies should be handled practically — a parent with the child in their immediate care should be able to get urgent treatment without waiting on a dispute to resolve.
5. Maintenance and financial responsibility. How costs like food, housing, clothing, education, healthcare, transport, school supplies, childcare and other reasonable expenses will be split — with amounts, payment dates and methods specified where relevant, and a clear line drawn between routine recurring costs and unexpected, larger ones.
6. Religious, cultural and moral upbringing. Where parents come from different backgrounds, this can become contentious as the child grows. Section 33 specifically allows for joint decision-making here, always subject to the child's welfare.
7. Travel, within Kenya and abroad. Notification before travel, consent requirements, passport arrangements, shared itineraries and accommodation details, emergency contacts and expected return dates. International travel in particular should be discussed with proper legal advice on documentation and consent.
8. Relocation. What happens if a parent plans to move — for work, marriage, education or otherwise. The agreement can require advance notice of the new residence, the reason, timing, the effect on schooling and the existing schedule, and proposed alternatives for keeping up the child's relationship with the other parent.
9. Decision-making. Which decisions need to be made jointly — education, major medical treatment, religious upbringing, international travel, relocation, change of name, significant extracurricular commitments — and which can be made day-to-day by whichever parent has care of the child at the time.
10. Communication between parents. Contact details, how the child's affairs will be discussed, how quickly urgent matters get flagged, how school and medical information is shared, and how schedule changes are communicated.
11. Dispute resolution. A process for handling disagreements — typically direct conversation, then mediation, before resorting to court — while leaving room for urgent court intervention where the child's safety is at stake.

The child's best interests come first

Above all, a PRA has to serve the child's best interests. Article 53 of the Constitution protects a child's right to parental care, regardless of whether the parents are married. The Children Act reinforces that this principle takes precedence in any matter concerning children.

Parents shouldn't approach a PRA as a way of "winning" against the other parent. The real question is simpler: what arrangement best supports this child's safety, stability, development and welfare? Depending on the child's age and maturity, their own views may also carry weight.

Does a PRA need to be filed in court?

Parents are free to reach an agreement between themselves, but where the agreement is meant to carry the force of a court order, the proper court process needs to be followed. Notably, section 33(3) provides that a PRA can only be revoked or terminated by a court order, on application by someone with parental responsibility, or by the child with the court's leave. Getting advice on the right procedure for formalizing an agreement before the Children's Court is worthwhile.

What if a parent breaches the agreement?

The Children Act attaches real consequences to certain breaches. A parent who, in breach of a PRA or court order, obstructs the other parent's access or parental responsibility or who abducts the child commits an offence, punishable by a fine, imprisonment, or both. The Act also addresses a parent's failure to notify the other, in writing, of a change of residential address for the child. These provisions are a reminder that a formalized agreement isn't just a formality.

Can an agreement be changed later?

Circumstances change, a child switches schools, a parent relocates, finances shift, needs evolve or a schedule simply stops working. Parents shouldn't just set an existing agreement aside because things have moved on. Where a formal PRA is in place, the proper legal route should be used to vary or terminate it which, as stated above, requires a court order..

Why bother with a PRA at all?

A well-prepared agreement tends to pay off in a few concrete ways: it removes ambiguity about care, costs, education and time; it cuts down on recurring arguments over weekends, holidays and fees; it gives the child a predictable routine; it keeps both parents genuinely involved; and it gives everyone something to point back to when a disagreement comes up, instead of relying on differing memories of a conversation.

Common mistakes to avoid

• Being too vague — "reasonable access" invites dispute; specify days and times instead.
• Skipping school holidays — Christmas, Easter, mid-terms and other breaks need their own arrangements.
• Overlooking transport — decide who collects and returns the child, and who pays for it.
• Not planning for emergencies — medical and other urgent situations need clear, practical rules.
• Leaving travel vague, especially international travel, where unclear consent and notification terms tend to cause the most friction.
• Using maintenance or access as leverage — a child's right to support and a parent's lawful access shouldn't be treated as bargaining chips.
• Failing to build in room for change — children grow and circumstances shift, so the agreement should allow for legitimate review.

When is it worth getting legal advice?

Advice is particularly important where parents can't agree on custody or access, where there's a history of conflict or abuse, where relocation or international travel is on the table, where maintenance disputes are significant, where the child has special needs, where an existing order is already in place, where proceedings are pending, or where an earlier agreement has already been breached. An advocate can help turn what parents intend into clear, workable terms and advise on the right process for formalizing the agreement.

Frequently Asked Questions

Can unmarried parents enter into a PRA?

Yes — section 33 of the Children Act, 2022 provides for this expressly.

Does a PRA mean equal time with both parents?

No. Equal parental responsibility doesn't require an equal split of time; the arrangement should follow the child's circumstances and best interests.

Can a PRA cover school fees and maintenance?

Yes — it can set out how education, healthcare, housing, food and other costs are shared.

Can a PRA address international travel?

Yes — section 33 expressly lists travel within and outside Kenya as a matter a parenting plan may cover.

Can a parent relocate with the child?

Relocation can significantly affect the child's relationship with the other parent, so it needs care. A PRA can require notice and set out revised arrangements, but legal advice should be sought before any step that could interfere with the other parent's rights.

What if the other parent ignores the agreement?

It depends on the nature of the breach. Certain conduct obstructing access or parental responsibility, or abduction is an offence under section 33(5). Court intervention may be appropriate.

Does the child get a say?

Possibly, depending on age and maturity — but the child's best interests remain the overriding consideration.

Can a PRA be terminated?

Yes, but only by court order, per section 33(3).

How We Can Help

At Wanjiru Nyaguthi & Company Advocates, we assist parents in drafting, reviewing and formalizing Parental Responsibility Agreements that are clear, practical and centered on the best interests of the child.