RULING OF THE COURT
This matter arises from a relatively new Act of Parliament, the Children Act 2001 and it is not surprising that it would raise novel issues. It involves a 22 year-old daughter (hereinafter “Diana”) who was the applicant in the superior court, and her father (hereinafter “Dr. Wambua”) the respondent there. Both Diana’s parents are separated through a separation and maintenance order issued by a court of law in 1996.
By way of an originating summons taken out on 22.12.03, Diana, who had been admitted to the parallel programme of the University of Nairobi to study medicine and was on her second year of study, sought leave to file an application seeking an order for her maintenance by her father, Dr. Wambua. He is a Medical Doctor lecturing in the same university and faculty. She also sought in the same application, an order that Dr. Wambua pays the whole or part of the University fees. In seeking those orders she invoked sections 23 and 91 of the Children Act, which def…