[2015] KEHC 5460 (KLR)
The court found that while the Children’s Act does not expressly provide for the appointment of two guardians ad litem, it also does not prohibit such an appointment. The judge was satisfied that both JMK and AN were suitable persons to act as guardians ad litem for the child in question. The absence of a statutory...
Source-derived case information.
- Citation
- [2015] KEHC 5460 (KLR)
- Parties
- Applicant: DWK; Applicant: TNN
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 2b of 2014
- Procedural Posture
- Adoption Application / Ruling on Appointment of Guardian Ad Litem
- Outcome
- application for appointment of joint guardians ad litem granted
- Judges
- DW Mbuteti
- Legal Topics
- Adoption Procedure, Guardians Ad Litem, Children Act Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DWK
Applicant
TNN
Applicant
Procedural Posture
Adoption Application / Ruling on Appointment of Guardian Ad Litem
Legal Issues
- 1 Whether the court can appoint two guardians ad litem in an adoption proceeding under the Children’s Act.
- 2 Whether JMK and AN are suitable to be appointed as joint guardians ad litem for Baby PS (alias JKW).
Ratio Decidendi
The court found that while the Children’s Act does not expressly provide for the appointment of two guardians ad litem, it also does not prohibit such an appointment. The judge was satisfied that both JMK and AN were suitable persons to act as guardians ad litem for the child in question. The absence of a statutory prohibition and the suitability of the proposed guardians justified their joint appointment. The court therefore exercised its discretion to appoint both individuals as joint guardians ad litem for Baby PS (alias JKW).
Court Disposition
application for appointment of joint guardians ad litem granted
Orders
- JMK and AN are appointed joint guardians ad litem for Baby PS (alias JKW).
Full Case Text
Judgment text and source record
14 paragraphs
IN THE HIGH COURT OF KENYA AT MURANG’A
ADOPTION CASE NO 2B OF 2014
DWK
TNN………………..………………………..APPLICANTS
IN THE MATTER OF BABY JKW (alias PS)
R U L I N G
1. This ruling concerns appointment of guardian ad litem pending hearing of the originating summons for an adoption order in respect of Baby PS(alias JKW).
2. The application for appointment of guardian ad litem is by chamber summons dated 21st November 2014. Two persons are sought to be appointed guardians ad litem. They are JMK and AN. They have both given their written consent for such appointment.
3. I am satisfied that both JMK and AN are suitable persons to be appointed guardians ad litem for the Baby herein sought to be adopted. Although the Children’s Act does not expressly make provision for appointment of two guardians ad litem, it also does not prohibit the same. I find nothing wrong with appointment of two guardians ad litem rather than one.
4. In the circumstances JMK and ANare hereby appointed joint guardians ad litem for Baby PS (alias JKW). It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 16TH APRIL 2015
H P G WAWERU
JUDGE
DELIVERED THIS 17TH DAY OF APRIL 2015