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Do not be quick to rush to court for child support

Helplessness is the deepest motivation behind the best interest of the child principle.

Photo credit: Shutterstock

Hi Eric,
I was okay not receiving child support from the father of my child. But given the harsh economic times, I have decided to pursue child support. The man has a job and is enjoying his salary while I struggle to raise our daughter. How do I sue him for child support? Can he be compelled by the court to provide for his child?

Hi 
Nelson Mandela once said, "There can be no keener revelation of a society's soul than how it treats its children. This sums up what the law thinks and does for children. From the onset, the law considers all children to be vulnerable, weak, and at risk of experiencing every society's ills. The construction, process, and purpose of the law is, therefore, to directly or indirectly deflate, deflect, and defeat threats, violations, and abuses directed at and experienced by children. 
The Kenyan Constitution, Article 53, Clause (2), creates legal empathy regarding children's welfare, rights, needs, and interests. It commands that every action, whether as an intervention or promotion, must be carried out in the best interest of the child.
In this context, the differences between you and your daughter's father should not be handled by the raw whims of nuptial antagonism but by mutual concern that affords her safety and optimism in the most realistic and achievable manner.
The law appreciates and is alive to the fact that children are vulnerable in every sense of being dependable to the adult community around them. Helplessness is the deepest motivation behind the best interest of the child principle. The First Schedule of the Children's Act breathes life into Section 8 and the Constitution's Article 53.