In Kenya, parental responsibility is a legal obligation imposed on parents and guardians to care for and provide for a child’s wellbeing. When parents are not married, separated, or divorced, a Parental Responsibility Agreement (PRA) offers a legal mechanism for both parents to voluntarily assume and share these responsibilities without going to court. This article explains the legal implications, requirements, and process of entering into a Parental Responsibility Agreement in Kenya under the Children Act, 2022.

What Is a Parental Responsibility Agreement?

A Parental Responsibility Agreement is a voluntary written agreement entered into by two parents (or guardians) to jointly assume parental responsibility for a child. It gives both parties equal legal rights and obligations, including decisions related to the child’s health, education, shelter, maintenance, and religious upbringing. Section 32 of the Act declares that both parents have equal parental responsibility, regardless of marital status.

What Is Parental Responsibility?

Under Section 31 (2) of the Act, parental responsibility includes all legal duties, rights, powers, responsibilities, and authority over a child and their property, aligned with the child’s evolving capacities. These include duty to:

  1. Provide basic needs (nutrition, shelter, clothing, water, sanitation, medical care, and education)
  2. Offer general guidance and moral values
  3. Protect the child from neglect, abuse, and discrimination
  4. Register birth, appoint guardians, manage property, and control migration
  5. Arrange burial upon death and ensure care during a parent’s absence

A parental legal agreement is often in the form of a parenting plan where parents specify:

  1. Time-sharing and visitation schedules
  2. Joint decision-making on health, education, religion
  3. Contact details and summer/holiday arrangements
  4. Travel logistics and notifications upon relocation
  5. Healthcare responsibilities and insurance
  6. Educational decision process
  7. Expenses for extracurricular activities

Legal Implications & Enforcement

A PRA is legally binding once signed in the prescribed form; making individual responsibilities enforceable by law. Breach of the agreement is an offence punishable by up to 1 year imprisonment or Ksh 500,000 fine, including wrongful use of residence changes or denying access to another parent.

 How to Make a PRA Enforceable

  1. Negotiate & Draft: Use legal support to outline responsibilities based on the child’s needs.
  2. Sign in Prescribed Form: Both parents must sign in the agreed legal format.
  3. File with Children’s Court: Submit and register the agreement in court to enforce its terms.
  4. Court Adoption: The court may adopt it as a formal order, making it enforceable. Disputes or amendments require court approval.

When to Use a PRA

  1. Parents are unmarried or separated and wish to share responsibilities amicably
  2. As an alternative to court litigation for custody or maintenance
  3. To add clarity and avoid conflicts in co-parenting
  4. To provide mobility or life change flexibility, with legal safeguards

Key Takeaways

  1. A PRA establishes clear, enforceable co-parenting roles grounded in the Children Act, 2022
  2. It protects both parents and supports the child’s best interests, reinforced by Kenyan law
  3. Breach of the agreement is punishable, and changes require a court order
  4. Legal drafting and court registration ensure it holds full legal force

Need help drafting or registering a Parental Responsibility Agreement?
Our team at F.M. Muteti & Co. Advocates offers expert, child-focused legal services to help parents formalize co-parenting arrangements under Kenyan law.