[2025] KEHC 6985 (KLR)

[2025] KEHC 6985 (KLR)

The court found that the applicant, as the grandmother and current caregiver of the minors, is a suitable person to be appointed as their legal guardian. The evidence showed that the minors have been living with the applicant since their mother's death, are well cared for, and have a stable home and educational environment. The respondent, their father, has failed to take up parental responsibility or provide emotional or financial support. The Children Officer's report confirmed the applicant's suitability and the children's welfare in her care. Applying the statutory principles under the Children Act, particularly the best interests of the child, the court determined that granting full...

Citation
[2025] KEHC 6985 (KLR)
Parties
Applicant: CWK; Respondent: JM
Court
High Court
Court Station
High Court at Nyahururu
Jurisdiction
Kenya
Judgment Date
27 May 2025
Case Number
Family Miscellaneous Civil Case E005 of 2024
Procedural Posture
Family Miscellaneous Application / Judgment
Outcome
Application for guardianship granted.
Judges
LN Mutende
Legal Topics
Guardianship of Minors, Custody Orders, Parental Responsibility, Best Interests of Child
Source Language
English
Family and Children Guardianship of Minors Custody Orders Parental Responsibility Best Interests of Child

Case Brief

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Parties

CWK

Applicant

JM

Respondent

Procedural Posture

Family Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the applicant should be appointed legal guardian of minors D.N. and F.M.
  2. 2 Whether granting custody to the applicant is in the best interests of the children.
  3. 3 Whether the respondent has abdicated parental responsibility.

Ratio Decidendi

The court found that the applicant, as the grandmother and current caregiver of the minors, is a suitable person to be appointed as their legal guardian. The evidence showed that the minors have been living with the applicant since their mother's death, are well cared for, and have a stable home and educational environment. The respondent, their father, has failed to take up parental responsibility or provide emotional or financial support. The Children Officer's report confirmed the applicant's suitability and the children's welfare in her care. Applying the statutory principles under the Children Act, particularly the best interests of the child, the court determined that granting full...

Court Disposition

Application for guardianship granted.

Orders

  • The applicant is granted full custody and guardianship of minors D.N. and F.M.
  • The respondent may have supervised visitation if he so wishes.