[2016] KEHC 8348 (KLR)
The court found that although G M G had attained the age of majority, he remained dependent on the applicant, his grandmother, who had continuously cared for him with the authority of his mother. The court exercised its discretion under section 28 of the Children Act to extend parental responsibility beyond the age...
Source-derived case information.
- Citation
- [2016] KEHC 8348 (KLR)
- Parties
- Applicant: A W G
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause 132 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application allowed. Extension of parental responsibility granted.
- Judges
- AO Muchelule, REA Ougo
- Legal Topics
- Parental Responsibility, Extension of Parental Responsibility, Children Act Section 28
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A W G
Applicant
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the court should extend parental responsibility for G M G beyond his eighteenth birthday under section 28 of the Children Act.
Ratio Decidendi
The court found that although G M G had attained the age of majority, he remained dependent on the applicant, his grandmother, who had continuously cared for him with the authority of his mother. The court exercised its discretion under section 28 of the Children Act to extend parental responsibility beyond the age of eighteen, considering the dependency of G M G on the applicant.
Court Disposition
Application allowed. Extension of parental responsibility granted.
Orders
- The application under section 28 of the Children Act is allowed.
- Parental responsibility for G M G is extended beyond his eighteenth birthday to the applicant, A W G.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
MISC. CAUSE NO. 132 OF 2016
IN THE MATTER OF AN APPLICATION FOR THE EXTENSION OF PARENTAL RESPONSIBILITY FOR G M G
IN THE MATTER OF SECTION 28 OF THE CHILDREN ACT, CAP 141
A W G..................................... APPLICANT
RULING
1. The applicant is the grandmother of G M G who was born on 24th June 1998. Glenn’s mother is E W G who works and resides in UAE. The applicant has taken care of Glenn since he was a minor, and has had continuous parental responsibility over him with the authority of the mother (E). Although G is, on account of age, an adult, he is dependent on the applicant. He cannot sustain himself.
2. I allow this application under section 28of theChildren Act (Cap 141). I grant the order of extension of parental responsibility beyond G M G’s eighteenth birthday to the applicant A W G.
SIGNED at NAIROBI this 14th day of NOVEMBER 2016.
A.O. MUCHELULE
JUDGE
DATED and DELIVERED at NAIROBI this 17th NOVEMBER 2016.
R.E. OUGO
JUDGE