According to the Children Act 2022, “parental responsibility” means all the duties, rights, powers, responsibilities and authority which by law a parent of a child has in relation to the child and the child’s property in a manner consistent with the evolving capacities of the child. In this Act, the duties include, but are not limited to:

• The duties to maintain a child and in particular provide the child with:- basic nutrition, shelter, clothing, water and sanitation facilities, medical care including immunization, basic education and general guidance.
• The duty to protect the child from neglect, abuse, discrimination or other differential treatment
• The duty to provide parental guidance in religious, moral, social, cultural and other values that are not harmful to the child, determine the name of the child, procure registration of the birth of his or her child,receive, recover and otherwise deal with the property of the child for the benefit, and in the best interests of the child and facilitate or restrict the migration of the child from or within Kenya.
• The duty to ensure that, during the temporary absence of the parent or guardian, the child shall be committed to the care of a fit person.

Equal Parental Responsibility

Parents of a child have parental responsibility over the child on an equal basis, and neither the father nor the mother of the child shall have a superior right or claim against the other in exercise of such parental responsibility whether or not the child is born within or outside wedlock.

Parents of a child and who are not married to each other may enter into a parental responsibility agreement. In the prescribed form, whereby both, in the best interests of the child, designate and agree on clear individual responsibilities towards the child.

The agreement may specify how the child or children shall spend time with each parent, how the parents shall make joint decisions on matters relating to their respective parenting responsibilities, including religious upbringing, visitation schedule, responsibility for health insurance and healthcare services, transport and travel within and outside Kenya among others.

A parental responsibility agreement may only be revoked or terminated by an order of the Court made on application by: a person who has parental responsibility over the child; or a child, with the leave of the Court.