[2021] KEHC 8856 (KLR)
The court found that, despite previous assertions by individuals claiming to be guardians, no formal appointment had been made as required by section 102 of the Children’s Act. Upon examining the proposed guardian ad litem, GG, in court, the judge was satisfied as to her suitability. The court therefore appointed GG...
Source-derived case information.
- Citation
- [2021] KEHC 8856 (KLR)
- Parties
- Applicant: DKT; Applicant: SWK
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 2 of 2019
- Procedural Posture
- Adoption Application / Interlocutory Ruling on Appointment of Guardian Ad Litem and Directions for Reports
- Outcome
- Interlocutory orders granted; guardian ad litem appointed; directions issued for filing of reports; adoption application adjourned for further consideration.
- Judges
- CA Otieno
- Legal Topics
- Adoption Procedure, Guardian Ad Litem Appointment, Children Welfare Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DKT
Applicant
SWK
Applicant
Procedural Posture
Adoption Application / Interlocutory Ruling on Appointment of Guardian Ad Litem and Directions for Reports
Legal Issues
- 1 Whether a guardian ad litem had been properly appointed as required by law.
- 2 Whether the proposed guardian ad litem is suitable for appointment.
- 3 What directions should be given regarding reports on the child's welfare and suitability of adoptive parents.
Ratio Decidendi
The court found that, despite previous assertions by individuals claiming to be guardians, no formal appointment had been made as required by section 102 of the Children’s Act. Upon examining the proposed guardian ad litem, GG, in court, the judge was satisfied as to her suitability. The court therefore appointed GG as guardian ad litem for the child, BLK, and issued directions for both the guardian and the adoption society to file reports on the welfare of the child and the suitability of the adoptive parents within 30 days. The matter was adjourned for further consideration of the adoption application.
Court Disposition
Interlocutory orders granted; guardian ad litem appointed; directions issued for filing of reports; adoption application adjourned for further consideration.
Orders
- GG is appointed guardian ad litem to BLK for purposes of these proceedings.
- The guardian ad litem shall within 30 days file a report on the living and general well-being of the child and relationship with the proposed adoptive parents.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ADOPTION CASE NO. 2 OF 2019
IN THE MATTER OF ADOPTION OF BABY L.K
DKT .....................................................1ST APPLICANT
SWK ....................................................2ND APPLICANT
RULING
1. On the 5. 11. 2020 when this matter came up for hearing one C K told the court that she had been a guardian to the child since she was adopted in the year 2015. Same assertion was made by one BJK. I have however perused the court file and noted that there has not been any appointment of a guardian by the court as stipulated by section 102 of The Children’s Act. Instead, I have seen an order of 2/12/2019 asking for a report on the suitability of one GG, as a guardian ad litem, from the children’s office. Even though there is a report by the Imenti North, sub-county children’s officer, Joseph K. Mburu, the report makes no reference to the person applying to be the guardian ad litem.
2. That notwithstanding, I did examine the said applicant when she attended court and I am convinced that she is suitable as a guardian to the child for purposes of these proceedings. For that reason, I do appoint GG the guardian ad litem to the subject BLK.
3. Pursuant to such appointment, I direct that the guardian shall within 30 days of today file a report on the living and general well-being of the child and relationship with the proposed adoptive parents.
4. I further direct that the adoption society also file a report on the child and the adoptive parents within the same period. Such a report be accompanied with the current registration of the society as an adoption Society.
5. The matter is therefore stood over to the 19. 05. 2021 for the purposes of considering the prayer for adoption by the two applicants.
Dated signed and delivered this 12th day of February 2021
Patrick J.O Otieno
Judge