[2022] KEHC 1558 (KLR)
The court found that the applicant, as the paternal grandfather, had been caring for the minor since the death of both parents and was willing and able to assume parental responsibility. The evidence, including death certificates and the applicant's affidavit, satisfied the statutory requirements under section 105...
Source-derived case information.
- Citation
- [2022] KEHC 1558 (KLR)
- Parties
- Applicant: VMM
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Cause E007 of 2021
- Procedural Posture
- Guardianship Cause / Judgment
- Outcome
- application granted
- Judges
- TW Cherere
- Legal Topics
- Guardianship of Minors, Parental Responsibility, Appointment of Guardian
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
VMM
Applicant
Procedural Posture
Guardianship Cause / Judgment
Legal Issues
- 1 Whether the applicant should be appointed as legal guardian of the minor RG.
- 2 Whether the applicant meets the statutory requirements for guardianship under the Children Act.
Ratio Decidendi
The court found that the applicant, as the paternal grandfather, had been caring for the minor since the death of both parents and was willing and able to assume parental responsibility. The evidence, including death certificates and the applicant's affidavit, satisfied the statutory requirements under section 105 of the Children Act. There was no objection to the application, and the court was satisfied that appointing the applicant as guardian was in the best interests of the minor. Accordingly, the court granted the application and appointed the applicant as guardian until the minor attains the age of majority, subject to revocation or lawful extension by the court.
Court Disposition
application granted
Orders
- Applicant VMM is appointed as guardian of the minor RG.
- An order of guardianship shall issue in respect of RG the minor in terms of section 102 of the Children Act.
Full Case Text
Judgment text and source record
43 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
(CORAM: CHERERE-J)
GUARDIANSHIP CAUSE NO. E007 OF 2021
IN THE MATTER OF THE CHILDREN’S ACT 2001
AND
IN THE MATTER OF AN APPLICATION FOR GUARDIANSHIP TO RG (Minor)
BY
VMM…………………………………………....................................................................APPLICANT
JUDGMENT
1) By Originating Summons dated 26th November, 2021, Applicant, who is grandfather of RG (the minor) orders as follows:
1. THAT the Applicant herein VMM be appointed as legal Guardian in respect of minorsRM
2. THAT the Applicant be allowed and be the authorized Guardian in respect of the above mentioned minor
3. THAT upon guardianship is being granted, the Guardian be known as the parent to the minor
4. THAT this Court do issue further orders as may be deemed fit in interest of the minor
2) The application is expressed to be brought under ss. 102, 105, 108 and 109 of the Children Act, Rule 4 of Children Practice and Procedure, Parental Responsibility Regulations, 2002 and all enabling provisions of the Law. The application is based on the grounds on the face of the application and is further supported by Applicant’s affidavit sworn on 26th November, 2021 in which he avers among other averments as follows:
1. He is paternal grandfather of the minor
2. Both parents of the minor are deceased
3. He has been taking care of the minor since she was young
4. The father and mother to the minor died on 19. 02. 2021 and 20. 05. 2021 respectively
5. He is ready and willing to assume parental responsibilities over the said minor
6. He knows what entails having parental responsibilities over the minor
7. He is well able to take care and provide for the Minor
8. He is willingly consented to being appointed Guardian for the minor
9. His wife LMM has no objection to the application
Determination
3) The law on guardianship that is applicable to this cause is to be found under section 105 of the Children Act which stipulates as follows:
“105. Appointment of guardian by the court
In addition to the powers of the court to appoint a guardian under subsection (5) of section 104 the court may appoint a guardian in the following circumstances—
(a) On the application of any individual, where the child’s parents are no longer living, or cannot be found and the child has no guardian and no other person having parental responsibility for him;
(b) On the application of any individual, where the child is a displaced child within the meaning of section 119 of this Act.”
4) Evidence in the form of death certificates confirms that both the parenst of the minor are deceased. By his affidavit in support of the application, the Applicant has been taking care of the minor and is well aware of the consequences of the appointment and has to abide by the appointment as guardian and to take the responsibility.
5) From the foregoing, it is hereby ordered:
1. Applicant VMM is hereby appointed as guardian of the minor RG
2. An Order of Guardianship shall issue in respect of RG the minor in terms of section 102 of the Children Act.
3. The Order of Guardianship Order of Guardianship shall last until her attainment of the age of 18 years, unless it is either revoked, or lawfully extended, by the court in accordance with the law.
DELIVERED AT MERU THIS 10th DAY OFMarch2022.
T.W. CHERERE
JUDGE
Appearances
Court Assistant - Kinoti
For the Applicant - Mr. Nyamokeri for Nyamokeri Ombachi & Co. Advocates