[2024] KEHC 11472 (KLR)
The court found that the applicants had provided sufficient material to justify their appointment as legal guardians and guardians ad litem of the minor, pending the full hearing of the adoption application. The court further held that a child welfare report is necessary to ensure that the best interests of the...
Source-derived case information.
- Citation
- [2024] KEHC 11472 (KLR)
- Parties
- Applicant: JNN; Applicant: VAO; Applicant: MSO; Respondent: County Coordinator for Children Services Kisumu County
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Adoption Cause E008 of 2024
- Procedural Posture
- Miscellaneous Adoption Cause / Ruling on Interlocutory Application for Appointment of Guardians and Child Welfare Report
- Outcome
- Application for appointment of guardians and child welfare report allowed.
- Judges
- MS Shariff
- Legal Topics
- Adoption Procedure, Guardianship, Child Welfare Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JNN
Applicant
VAO
Applicant
MSO
Applicant
County Coordinator for Children Services Kisumu County
Respondent
Procedural Posture
Miscellaneous Adoption Cause / Ruling on Interlocutory Application for Appointment of Guardians and Child Welfare Report
Legal Issues
- 1 Whether the applicants should be appointed as legal guardians and guardians ad litem of the minor AF alias OGO.
- 2 Whether a child welfare report should be ordered prior to determination of the adoption application.
Ratio Decidendi
The court found that the applicants had provided sufficient material to justify their appointment as legal guardians and guardians ad litem of the minor, pending the full hearing of the adoption application. The court further held that a child welfare report is necessary to ensure that the best interests of the child are protected and to provide the court with relevant information before making a final adoption order. Accordingly, the court granted the interlocutory orders sought, appointed the applicants as guardians and guardians ad litem, and directed the County Coordinator for Children Services to file a child welfare report within 21 days.
Court Disposition
Application for appointment of guardians and child welfare report allowed.
Orders
- VAO and MSO are appointed as legal guardians and guardians ad litem of AF alias OGO.
- The County Coordinator for Children Services Kisumu County is directed to conduct and file a child welfare report within 21 days.
Full Case Text
Judgment text and source record
13 paragraphs
In re AF alias OGO (Minor) (Miscellaneous Adoption Cause E008 of 2024) [2024] KEHC 11472 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11472 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Adoption Cause E008 of 2024
MS Shariff, J
September 30, 2024
IN THE MATTER OF AN ADOPTION OF: AF alias OGO (MINOR)
Ruling
Upon perusal of the notice of motion dated 9. 7.2024, the affidavit of guardian sworn jointly by VAO and MSO on 8. 7.2024, the statement in support of the application for an adoption order of JNN, supporting affidavit of NPO of 9th July, 2024 and the enclosures therein I do hereby allow the application and I make the following orders:- 1. This Honourable Court hereby appoints VAO and MSO as the legal guardians and guardians ad litem respectively of AF alias OGO.
2. The County Coordinator for Children Services Kisumu County is hereby directed to conduct a child welfare report in respect of AF alias Oki GO and file the same in court within 21 days from the date hereof.
3. Mention on 29. 10. 2024 to confirm compliance and take directions on the originating summons dated 10. 7.2024. It is hereby so ordered.
DATED, SIGNED AND DELIVERED THIS 30TH DAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE