[2023] KEHC 17712 (KLR)
The court found that the applicants, DOA and FRA, had demonstrated their suitability to be appointed as legal guardian and guardian ad litem of the minor COL. The court considered the affidavits of the applicants, the report of the County Director, Children’s Services, and all attachments, and was convinced that the...
Source-derived case information.
- Citation
- [2023] KEHC 17712 (KLR)
- Parties
- Applicant: DOA; Applicant: FRA; Respondent: COL
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E002 of 2022
- Procedural Posture
- Adoption Cause / Ruling on Application for Appointment as Legal Guardian and Guardian Ad Litem
- Outcome
- Application allowed. Applicants appointed as legal guardian and guardian ad litem of the minor COL. Costs in the cause.
- Judges
- DO Ogembo
- Legal Topics
- Adoption of Minors, Guardianship, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DOA
Applicant
FRA
Applicant
COL
Respondent
Procedural Posture
Adoption Cause / Ruling on Application for Appointment as Legal Guardian and Guardian Ad Litem
Legal Issues
- 1 Whether the applicants are suitable to be appointed as legal guardian and guardian ad litem of the minor COL.
- 2 Whether the adoption is in the best interest of the child.
Ratio Decidendi
The court found that the applicants, DOA and FRA, had demonstrated their suitability to be appointed as legal guardian and guardian ad litem of the minor COL. The court considered the affidavits of the applicants, the report of the County Director, Children’s Services, and all attachments, and was convinced that the adoption would serve the best interests of the child. Accordingly, the application was allowed as prayed, granting the orders sought by the applicants.
Court Disposition
Application allowed. Applicants appointed as legal guardian and guardian ad litem of the minor COL. Costs in the cause.
Orders
- The applicants DOA and FRA are appointed as legal guardian and guardian ad litem respectively of the minor COL.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
12 paragraphs
In re COL (Adoption Cause E002 of 2022) [2023] KEHC 17712 (KLR) (15 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17712 (KLR)
Republic of Kenya
In the High Court at Siaya
Adoption Cause E002 of 2022
DO Ogembo, J
May 15, 2023
Ruling
1. The 2 Applicants DOA and FRA have filed this present application dated 30-9-2022 on 5-10-2022. The application brought under the various provisions of the Children Act and Rule XII of the Adoption Rules, seeks principally that this court be pleased to appoint the 2 applicants herein as legal guardian and guardian ad litem respectively of the minor COL. I have also considered the attached Affidavits of the 2 applicants sworn on 30-9-2022, and the report of the County Director, Children’s Services, Siaya.I have also considered the attachments to the report.
2. I am convinced that the 2 applicants are suitable and meritorious in adopting the minor, COL, 17 years, and that this adoption would be in the best interest of the child.
3. The application of the applicants dated 30-9-2022 is accordingly allowed in terms of prayers 1 and 2. Cost of this application to be in the cause.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 15TH DAY OF MAY, 2023. D.O. OGEMBOJUDGE16TH MAY, 2023.