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K&A Insights
In Family Law · May 26, 2026
Learn how co-parenting works under Kenya's Children Act 2022, what a Parental Responsibility Agreement (PRA) must cover, how to register one with the Children's Court, and what the Supreme Court ruling in Mutheu v Azad means for parents navigating separation.
A guide for Kenyan parents, foreign nationals with children in Kenya, and international advocates
Under the Children Act, No. 29 of 2022 and the Constitution of Kenya, 2010
IMPORTANT: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified Kenyan advocate for advice specific to your situation.
Separation marks the end of a relationship between adults. It does not mark the end of a family. Where children are involved, two people who have chosen to part ways must find a way to continue parenting together, often for years or decades. This is co-parenting, and in Kenya, it is both a legal expectation and a practical necessity.
Kenyan law actively encourages parents to reach cooperative arrangements outside court. The Children Act 2022 provides a formal legal mechanism for doing so: the Parental Responsibility Agreement (PRA). When properly drafted and registered, a PRA provides the clarity, structure, and legal enforceability that good co-parenting requires.
This article, the fourth in our Kenyan Family Law Series, explains what co-parenting means in law, how PRAs work, what they should contain, and what the courts say about them.
ℹ️ Series Note: This is Article 4 of 6. Previous articles covered the Best Interests of the Child, Parental Responsibility, and Custody. Article 5 covers Maintenance and Article 6 covers International Considerations.
Co-parenting refers to the shared exercise of parental responsibility by two parents who no longer live together. It applies equally to parents who were married and separated or divorced, parents who were never married, and parents in any other form of prior relationship. Kenyan law does not create different co-parenting frameworks based on the nature of the parents' former relationship.
The legal basis for co-parenting is the equal parental responsibility framework established in Article 53(1)(e) of the Constitution and Sections 31 and 32 of the Children Act 2022, discussed in detail in Article 2 of this series. Both parents hold equal rights and obligations in relation to the child. Co-parenting is the practical working-out of that shared responsibility after separation.
Courts in Kenya consistently and explicitly prefer negotiated parenting arrangements over adversarial custody litigation. The reasons are straightforward and well-evidenced: court battles over children are emotionally damaging to the child, expensive, time-consuming, and rarely produce better outcomes than agreements reached by cooperative parents.
Section 38(m) of the Children Act 2022 expressly empowers the Secretary of Children Services to promote family reconciliation and mediate in disputes involving children, parents, guardians, and persons with parental responsibility. The Children's Office provides mediation services at no cost. Private mediation is also available for parents who prefer a confidential setting.
✅ Key Message: Litigation over children should be the last resort, not the first. The most durable, least damaging, and most child-centred outcomes are achieved through agreement. Courts can and do impose outcomes, but they cannot impose cooperation.
Section 33 of the Children Act 2022 formally recognises Parental Responsibility Agreements (PRAs) as a mechanism through which parents can document and formalise their shared exercise of parental responsibility. The Act provides a legal framework for PRAs and gives them legal standing.
A PRA is not a private contract between parents in the ordinary sense. Once it is filed and adopted by a court as a court order, it becomes a binding legal instrument enforceable through the Children's Court. This is a critical distinction: a written agreement kept privately between parents has far less legal force than one formally registered with and adopted by the court.
Any two parents who share parental responsibility in respect of a child can enter a PRA. This includes:
• Married parents who are separating or divorcing
• Parents who were never married but share a child
• Parents who have been living apart for some time and wish to formalise arrangements
• Parents who have existing informal arrangements that they wish to make legally binding
A PRA can be entered into directly by the parents, with the assistance of their respective advocates, through mediation facilitated by a private mediator, or with the help of the Children's Office.
A well-drafted PRA is comprehensive, specific, and forward-looking. It anticipates the situations that are most likely to cause conflict and provides clear, agreed answers. At minimum, a PRA should cover the following:
• Whether legal custody is joint or, in exceptional cases, vested in one parent
• Which parent provides the child's primary residence
• The specific address at which the child will be based
• How and when the arrangement will be reviewed as the child grows
• The regular schedule of time with the non-primary parent (weekends, weekday evenings, specific days)
• Holiday arrangements: how school holidays, public holidays, and special occasions (birthdays, religious events) are split
• Arrangements for the child's travel between homes, including who is responsible for transport
• Communication arrangements during the other parent's time (phone calls, video calls, messaging)
• Each parent's contribution to the child's basic needs: school fees, medical costs, food, clothing, and shelter
• How extraordinary expenses (school trips, dental treatment, extracurricular activities) will be shared
• The process for reviewing and updating maintenance contributions as circumstances change
Maintenance provisions in a PRA must be consistent with the obligations established by Section 110 of the Children Act 2022, which imposes a joint duty on both parents to maintain the child regardless of marital status. Maintenance is covered in detail in Article 5 of this series.
• How major decisions about the child's education, healthcare, and religious upbringing will be made
• What constitutes a 'major decision' requiring joint agreement versus a routine day-to-day decision within each parent's discretion
• The process for resolving disagreements on major decisions before resorting to court
• Whether either parent may relocate within Kenya and the notice required
• The process for seeking consent to relocate internationally with the child
• What happens if consent to international relocation is refused
Relocation is one of the most common sources of post-separation conflict. A PRA that addresses relocation clearly and specifically can prevent expensive and traumatic litigation.
• The agreed first step when a dispute arises (for example, direct discussion, then mediation, then court)
• The identity or type of mediator to be used
• Time limits for resolution before escalating to court
• Scheduled reviews of the PRA as the child grows and circumstances change
• The process for proposing and agreeing amendments
• Acknowledgment that either parent may apply to the court for variation if agreement cannot be reached
The most authoritative statement on the legal status of PRAs under Kenyan law comes from the Supreme Court of Kenya in Mutheu Agatha Khimulu v Raheem Mehdi Aziz Azad and 4 others (Petition No. E003 of 2022).
The case arose following the dissolution of a marriage. The parents had entered a PRA as part of the dissolution process. When disputes arose over the child's custody and welfare, the matter came before the High Court, which found the mother unfit and made orders that effectively nullified the PRA. The mother appealed to the Supreme Court.
The Supreme Court's ruling established several important principles:
• A properly constituted PRA remains valid and binding unless revoked by a court of competent jurisdiction or by mutual consent of both parents
• Parental duties set out in a PRA are ongoing obligations, not one-time commitments
• Courts will give due weight to a PRA when interpreting and enforcing parenting arrangements
• Despite the weight given to a PRA, the child's welfare remains the paramount consideration, and a court will always prioritise the child's expressed wishes, emotional environment, and wellbeing over the strict terms of an agreement
The Mutheu case is also instructive for its international dimension: parallel proceedings had been commenced in the United Kingdom. The Supreme Court's ruling affirmed the primacy of Kenyan jurisdiction over children habitually resident in Kenya. This is discussed further in Article 6 of this series.
⚖️ Practical Implication: A PRA is not invulnerable. It will be enforced by Kenyan courts, but it will always be subject to the best interests of the child standard. A PRA that is clearly contrary to the child's welfare will not be upheld. This is not a reason to avoid PRAs; it is a reason to draft them well.
To give a PRA the full force of a court order, it must be filed with and formally adopted by the Children's Court. The process involves:
• Drafting the agreement with sufficient specificity and legal accuracy, preferably with the assistance of advocates
• Filing the agreement at the Children's Court in the jurisdiction where the child is habitually resident
• The court considering whether the agreement is in the best interests of the child and consistent with the Children Act 2022
• Where satisfied, the court adopting the PRA as an order of court
Once adopted, the PRA becomes a court order and can be enforced through the court's contempt and enforcement jurisdiction.
If one parent fails to comply with the terms of a court-adopted PRA, the other parent may apply to the Children's Court for enforcement. The court may issue enforcement orders, impose sanctions, or vary the arrangement to address the non-compliance. Where the breach involves interference with access rights, criminal sanctions under the Act may also apply (see Article 3 of this series for the specific provisions).
A PRA can be varied by mutual consent of both parents, or by application to the court where agreement cannot be reached. Common grounds for variation include:
• A parent relocating, domestically or internationally
• A significant change in either parent's financial circumstances
• The child's changing needs as they grow older
• A change in the child's school or educational arrangements
• A material change in either parent's health or work commitments
Beyond the legal framework, effective co-parenting depends on the choices parents make day to day. The following guidance applies whether or not you have a formal PRA in place:
Keep every interaction child-focused
Co-parenting communications should be about the child's needs, schedules, and welfare, not about adult grievances. Where direct communication is difficult, written channels (email or messaging apps) create a record and reduce escalation.
Be consistent and reliable
Unpredictability is one of the greatest sources of anxiety for children of separated parents. Honour the agreed schedule. Arrive on time. Give advance notice of changes. Consistency signals safety.
Avoid parental alienation
Do not disparage the other parent in front of the child, use the child as a messenger or spy, or take steps to damage the child's relationship with the other parent. Kenyan courts are alert to parental alienation and will weigh it heavily against the alienating parent in any custody assessment.
Review arrangements as the child grows
A schedule suitable for a five-year-old may not serve a fourteen-year-old. Build review mechanisms into your PRA and approach them as opportunities to serve the child's evolving needs, not as opportunities to renegotiate adult grievances.
Seek help early
If co-parenting is becoming unmanageable, seek help before the situation escalates to court. Co-parenting counsellors, family therapists, and mediators can help parents develop communication skills and resolve specific disputes. Engaging help early is far less costly, financially and emotionally, than litigation.
Co-parenting is not merely a legal arrangement. It is a long-term commitment to placing the child's needs above adult conflict. The Children Act 2022 provides a strong legal framework, centered on the PRA, for parents who are willing to make that commitment formally and cooperatively.
A well-drafted, court-adopted PRA gives both parents clarity, gives the child stability, and gives the courts a working framework they can enforce. It is, in most circumstances, vastly preferable to litigation. The investment of time and effort in getting it right at the outset pays dividends for years.
Key Legal References
Constitution of Kenya, 2010, Article 53(1)(e)
Children Act, No. 29 of 2022, Sections 31, 32, 33, 38(m), 110
Mutheu Agatha Khimulu v Raheem Mehdi Aziz Azad and 4 others, Petition No. E003 of 2022 (Supreme Court of Kenya)
SMM v ANK, Nakuru High Court Children Appeal No. E011 of 2021 [2022] eKLR, per Justice (Prof.) Joel Ngugi
DISCLAIMER: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified Kenyan advocate for advice specific to your situation.
Kenyan Family Law Series
Article 1 of 6 | The Best Interests of the Child: Kenya's Paramount Principle
Article 2 of 6 | Parental Responsibility in Kenya: Rights, Duties and Equality
Article 3 of 6 | Child Custody in Kenya: Types, Court Process and Key Principles
Article 4 of 6 | Co-Parenting and Parental Responsibility Agreements in Kenya
Article 5 of 6 | Child Maintenance in Kenya: Financial Obligations After Separation
Article 6 of 6 | International and Cross-Border Child Custody Matters in Kenya
