Can Students Over 18 Sue Their Parents for Support in Kenya?

In Kenya, turning 18 is often seen as the symbolic entry into adulthood — a time when individuals begin taking full responsibility for their own lives. However, what many people don’t know is that the law allows students over 18 years old to sue their parents for financial support under specific conditions.

In a recent legal explainer titled “What is the Law”, renowned lawyer Danstan Omari shed light on this often misunderstood topic, explaining how the Children Act, 2022, governs parental responsibility and the obligations parents have towards their children — even after they reach the age of majority.

Understanding Parental Responsibility Under the Children Act, 2022

According to the Children Act, 2022, both parents — regardless of their marital status — share equal legal responsibility for the welfare of their child. This includes providing food, shelter, education, medical care, clothing, and emotional support.

Lawyer Omari emphasizes that the duty to maintain a child is not gender-based. Whether the parents are divorced, separated, or never married, both must contribute based on their financial ability.

The court does not assume that one parent (usually the father) must carry the entire burden. Instead, it looks at each parent’s earning capacity and circumstances before issuing a maintenance order.

When Does Parental Responsibility End?

Ordinarily, parental responsibility ends when a child turns 18 — the legal age of majority in Kenya. At this point, the individual is considered an adult, capable of making independent decisions and supporting themselves.

However, as Lawyer Omari explains, the law recognizes exceptions to this rule. The Children Act, 2022 (Section 91) gives courts the power to extend parental responsibility beyond 18 years under special circumstances.

These include:

1. When the child is still in school (e.g., in university, college, or vocational training).
2. When the child has special needs — physical, psychological, or medical.
3. When continued support is necessary for the child’s welfare and development.

This means a student aged 19, 20, or even 22 who is still dependent on their parents for education and basic needs may legally demand maintenance from them.

Can a Student Over 18 Sue Their Parents for Support?

Yes, they can — and the law provides a clear framework for doing so.
If a parent neglects their duty to provide support while the child is still in school, the affected student can file a maintenance suit in a Children’s Court. The court will assess:

• Whether the student is still pursuing education.
• Whether the parent can support them.
• Whether there has been neglect or refusal to provide necessary support.

If the court is satisfied that the student’s claim is valid, it can issue a maintenance order compelling the parent to resume their financial obligations — including payment of school fees, medical expenses, and other essential needs.

How the Court Determines Maintenance Amounts

Courts are guided by the best interests of the child, a principle deeply embedded in Kenya’s legal system. The amount and form of maintenance depend on the following:

• The financial ability of each parent.
• The needs of the student (education, housing, food, medical care).
• The standard of living the child was accustomed to before the dispute.
• The conduct of the parents and their willingness to cooperate.

Importantly, the court considers both parents equally responsible — meaning a mother or father can each be ordered to contribute proportionally to their means.

Legal Cases and Real-Life Implications

In recent years, several Kenyan students have taken legal action against their parents for refusing to support them beyond 18. These cases often arise where:

• A parent stops paying school fees after the child finishes high school.
• Divorced or separated parents dispute who should pay for university education.
• A parent deliberately withholds financial help out of personal disagreements.

Courts have repeatedly affirmed that education is a fundamental right, and where a young adult’s future is at stake, parental obligations may continue. Lawyer Danstan Omari highlights that such cases are not acts of rebellion, but legitimate claims recognized by law to ensure children are not deprived of opportunities simply because they turned 18.

What Happens If a Parent Ignores a Court Order?

If a court issues a maintenance order and a parent fails to comply, the consequences can be severe. The parent may face:

• Fines or imprisonment for contempt of court.
• Attachment of property or income, where part of their salary is deducted directly.
• Civil recovery measures, allowing enforcement officers to recover unpaid maintenance.

The goal is not to punish parents unnecessarily, but to ensure that children — including adult students — continue receiving the support they deserve.

Why the Law Protects Adult Students

The rationale behind extending support beyond 18 is rooted in social and economic reality. In Kenya, most students complete secondary school at 18 or 19, then proceed to tertiary institutions where they still rely heavily on their parents.

Without legal protection, many bright students would be forced to abandon their studies due to a lack of funds or basic necessities. The law, therefore, acts as a safety net, ensuring that the journey to self-reliance is not cut short by premature withdrawal of parental support.

What Parents Should Know

Parents should understand that:

• Turning 18 does not automatically end their duty if their child is still dependent.
• Courts prioritize the best interests and welfare of the child over parental convenience.
• It is advisable to plan and communicate with their children about education funding to avoid legal conflicts.

As Danstan Omari puts it, “Parenthood is not a temporary responsibility — it extends until the child is capable of standing on their own feet.”

Final Thoughts

The idea that students over 18 can sue their parents may sound surprising, but it’s a legitimate and compassionate provision under Kenyan law. It recognizes that maturity is not just about age, but about capability and independence.

The Children Act, 2022 ensures no young person’s education or welfare is jeopardized because of financial neglect. As long as the need for support exists — and the parent can provide it — the law stands firmly on the side of the child.