[2025] KEHC 584 (KLR)
The court found that the application was properly supported by the requisite affidavits and consents, and that the appointment of a guardian ad litem is a necessary procedural safeguard in adoption matters to ensure the best interests of the child. The court further held that it is mandatory to direct the County...
Source-derived case information.
- Citation
- [2025] KEHC 584 (KLR)
- Parties
- Applicant: BMN; Applicant: ENM
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E003 of 2024
- Procedural Posture
- Adoption Cause / Interlocutory Orders on Appointment of Guardian Ad Litem and Investigation Directions
- Outcome
- application allowed
- Judges
- S Mbungi
- Legal Topics
- Adoption Procedure, Guardian Ad Litem Appointment, Children in Need of Care
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BMN
Applicant
ENM
Applicant
Procedural Posture
Adoption Cause / Interlocutory Orders on Appointment of Guardian Ad Litem and Investigation Directions
Legal Issues
- 1 Whether the applicants have met the requirements for appointment of a guardian ad litem for the infant.
- 2 Whether the court should direct the County Director of Children Services to investigate the suitability of the applicants to adopt the infant.
Ratio Decidendi
The court found that the application was properly supported by the requisite affidavits and consents, and that the appointment of a guardian ad litem is a necessary procedural safeguard in adoption matters to ensure the best interests of the child. The court further held that it is mandatory to direct the County Director of Children Services to investigate the suitability of the applicants before any adoption order can be considered. Accordingly, the court allowed the application, appointed SNW as guardian ad litem, and directed the County Director of Children Services to conduct and file a suitability report.
Court Disposition
application allowed
Orders
- SNW is appointed as the Guardian Ad Litem for the infant GJ.
- The County Director of Children Services Kakamega county is ordered to conduct investigations as to the suitability of the applicants to adopt Baby GJ and submit a report to the court.
Full Case Text
Judgment text and source record
21 paragraphs
In re GJ (Infant) (Adoption Cause E003 of 2024) [2025] KEHC 584 (KLR) (29 January 2025) (Judgment)
Neutral citation: [2025] KEHC 584 (KLR)
Republic of Kenya
In the High Court at Kakamega
Adoption Cause E003 of 2024
S Mbungi, J
January 29, 2025
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF GJ(INFANT
In the matter of
BMN and ENM
Applicant
Judgment
1. The applicants filed summons in this court seeking the following orders:i.That the Honourable Court be pleased to appoint SNW of Post Office Box Number 3X, Mbulobo as the Guardian Ad Litem for the infant GJ.ii.That the Director of Children Services Mumias Sub County be hereby ordered to conduct investigations as to the suitability of the Applicants to adopt Baby GJ and submit a report of their finding to the court.
2. The application is supported by an affidavit sworn by the proposed Guardian Ad Litem and a consent by SNW in accordance with section 188 of the Children’s Act 2022.
3. I have looked at the application and the supporting affidavit. I have also seen the affidavit of fitness and statements in support of the present application.
4. The application is hereby allowed.
5. SNW is hereby appointed as the Guardian Ad Litem for the infant GJ.
6. The County Director of Children Services Kakamega county is hereby ordered to conduct investigations as to the suitability of the Applicants to adopt Baby GJ and submit a report of their finding to the court.
7. Mention on 03. 04. 2025 to confirm compliance and take further directions.
8. Orders accordingly.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 29TH DAY OF JANUARY, 2025. S.N MBUNGIJUDGEIn the presence of :Applicants – presentCourt Assistant – Elizabeth Angong’a