[2020] KEHC 8276 (KLR)

[2020] KEHC 8276 (KLR)

The court found that the applicant grandmother had been the primary caregiver for the minors since their early childhood, with the fathers deceased and the mothers untraceable and uninvolved. The children themselves confirmed their preference for the applicant as their guardian. The court, satisfied that the applicant understood and accepted the responsibilities of guardianship and that no other person with parental responsibility was available, exercised its statutory power under sections 102, 105, and 109 of the Children Act to appoint the applicant as guardian. The orders were made to last until each child attains the age of 18 years, unless earlier revoked or lawfully extended, in...

Citation
[2020] KEHC 8276 (KLR)
Parties
Applicant: TCC
Court
High Court
Court Station
High Court at Kabarnet
Jurisdiction
Kenya
Judgment Date
14 February 2020
Case Number
Guardianship Cause 2 of 2019
Procedural Posture
Guardianship Cause / Judgment
Outcome
Application for guardianship granted.
Judges
EM Muriithi
Legal Topics
Guardianship of Minors, Parental Responsibility, Appointment of Guardian, Revocation of Guardianship
Source Language
English
Family and Children Guardianship of Minors Parental Responsibility Appointment of Guardian Revocation of Guardianship

Case Brief

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Parties

TCC

Applicant

Procedural Posture

Guardianship Cause / Judgment

Legal Issues

  1. 1 Whether the applicant grandmother should be appointed as legal guardian of the minors BJK, BCK, GJK, and NKC.
  2. 2 Whether the mothers' absence and inability to be traced justifies the appointment of the applicant as sole guardian.
  3. 3 Whether the court has power to appoint a guardian in the circumstances where both parents are deceased or untraceable.

Ratio Decidendi

The court found that the applicant grandmother had been the primary caregiver for the minors since their early childhood, with the fathers deceased and the mothers untraceable and uninvolved. The children themselves confirmed their preference for the applicant as their guardian. The court, satisfied that the applicant understood and accepted the responsibilities of guardianship and that no other person with parental responsibility was available, exercised its statutory power under sections 102, 105, and 109 of the Children Act to appoint the applicant as guardian. The orders were made to last until each child attains the age of 18 years, unless earlier revoked or lawfully extended, in...

Court Disposition

Application for guardianship granted.

Orders

  • The applicant TCC is appointed as legal guardian of minors BJK, BCK, GJK, and NKC.
  • Guardianship orders to last until each child attains 18 years of age, unless earlier revoked or lawfully extended.