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PARENTAL RESPONSIBILITY AGREEMENT

DATED THIS ………………DAY OF ………………. 2023

BETWEEN

ALEX KWENA MUSIKOYO

AND

MERCY WAMBUI MUTTU

FOR

BLEU JEMMIRAL MAGIRI KWENA

DRAWN AND FILED BY:-


CHELSIE MUGAMBI & CO. ADVOCATES
PENSION TOWERS, 8TH FLOOR
P.O.BOX 2730-00200
NAIROBI
Email:C.mugambiadvocates@gmail.com

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PARENTAL RESPONSIBILITY AGREEMENT
THIS AGREEMENT IS MADE this day of 2023
BETWEEN Alex Kwena Musikoyo of National ID No. 29800250 (hereinafter
referred to as “the Father” on one part AND Mercy Wambui Muttu, of
National ID No. ………………………….(hereinafter referred to as “the Mother”
on the other part on parental responsibility for Bleu Jemmiral Magiri Kwena
( hereinafter referred to as “the Child”)

WHEREAS:-
A. The parties herein are litigants in Children’s Court Case No. E026 of
2023 for custody of the child herein;
B. The parties are desirous of settling the matter out of court;
C. The parties have mutually agreed to enter into a parental responsibility
agreement;

NOW THIS AGREEMENT WITNESSETH as follows:-

1. Custody of the child


The father shall have custody of the child and the mother shall have
access to the child as follows:
i) One week every month starting with the immediate week after the
signing of this agreement,
ii) Two alternating weekends every month once the child begins
school;
iii) The parents shall share access to the child on a 50:50 basis during
school full holidays and mid-term holidays;
iv) The parents shall have unlimited access to the child as to visitation
in school;

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2. Cumulative access
Should there be a reason that may hinder the father from facilitating
access of the child to the mother on the above terms; the father shall
communicate promptly to the mother. On the other hand, should there
be a reason which would hinder the mother from accessing the child on a
week or weekend which she was entitled to access she shall promptly
inform the father.

The father covenants that in the event the access is not possible on the
counting week or weekend and communication was made promptly to the
mother, access by the mother to the child shall be carried forward and
cumulative to weeks and weekends that are convenient for the parents.
For instance, if the mother does not access her child on one week or
weekend due to the unavailability of the father to grant access, the
mother shall access the child for two weeks or two weekends to
compensate.

3. Monthly upkeep/maintenance
The father commits to provide for the monthly upkeep of the child as
follows;
i) Shelter
ii) Clothing
iii) Kenya Shillings Five Thousand (Kshs 5,000/=) monthly for food.

As the child grows the parties shall change the amounts accordingly.

4. Education and school fees

Both parents shall have the right to determine the education system and
institution of the child. Before the child is transferred to any school the
parents should consult and mutually agree.

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The parents shall pay the school fees of the child as follows:
i) The father shall contribute 60% of the fees per term,

ii) The mother shall contribute 40% of the fees per term,

5. Medical cover

The father covenants to cater for all medical needs of the child including
an insurance medical cover.

6. Clothing

The father shall cater for the child’s clothes which includes school
uniforms on a need basis.

7. Entertainment

Every parent shall have the responsibility to entertain the child at the
time they have access to the child. The cost of entertainment shall be
borne by the person who has access to the child.

8. Religious nourishment
Both parents covenant to consult and mutually agree on the religion of
the child, religious rites and nourishment of the child.

9. Cultural rites and ceremonies


Both parents covenant to consult and mutually agree on the cultural
rites ceremonies and the time to be performed on of the child.

10. Amendment
No amendment to this Agreement shall be effective unless signed in the
same manner as this Agreement.

11. Notice and communication

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Any notice to be given to any party to this Agreement shall be in writing
and shall be deemed to be duly served by being sent via email.
However, for ease of communication short message service [SMS] or
phone call shall be considered depending on the nature of the
information to be relayed

12. Further Assurance


The parent assures the other that they will at all times act in the best
interest of the child and in observation of the Constitution of Kenya and
the Laws of Kenya especially the Children Act of Kenya.

13. Entire Agreement


This Agreement contains the whole agreement and understanding
between the parties relating to the child and supersedes all previous
agreements (if any) whether written or oral between the Parties in respect
of such matters and judgments of the Courts.

IN WITNESS whereof this Agreement has been duly executed by the parties
hereto the day and year first hereinabove written.

SIGNED by the Father )


)
)
In the presence ) ________________
)
)
ADVOCATE )

I certify that Alex Kwena Musikoyo appeared before me and dully signed this
agreement in my presence.

Signature __________________________
Name __________________________
Address __________________________
Occupation __________________________

SIGNED by the Mother

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In the presence of: -
) ___________________
)

I certify that Mercy Wambui Muttu appeared before me and dully signed
this agreement in my presence.

Signature __________________________
Name __________________________
Address __________________________
Occupation __________________________

DRAWN AND FILED BY:-


CHELSIE MUGAMBI & CO. ADVOCATES
PENSION TOWERS, 8TH FLOOR
P.O.BOX 2730-00200
NAIROBI
Email:C.mugambiadvocates@gmail.com

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