[2024] KEHC 8513 (KLR)
The court found that the minor had been declared free for adoption by a competent adoption society, as evidenced by the certificate provided. The applicants demonstrated their suitability and willingness to act as legal guardians and guardians ad litem. The court determined that it was in the best interests of the...
Source-derived case information.
- Citation
- [2024] KEHC 8513 (KLR)
- Parties
- Applicant: AOI; Applicant: JAM; Respondent: Josiah Illa Onyango; Respondent: Beryl Atieno Okoth
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E007 of 2024
- Procedural Posture
- Adoption Cause / Ruling on Notice of Motion for Appointment of Guardians and Welfare Report
- Outcome
- Application allowed; orders granted as prayed.
- Judges
- MS Shariff
- Legal Topics
- Adoption Procedure, Guardianship Appointment, Child Welfare Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
AOI
Applicant
JAM
Applicant
Josiah Illa Onyango
Respondent
Beryl Atieno Okoth
Respondent
Procedural Posture
Adoption Cause / Ruling on Notice of Motion for Appointment of Guardians and Welfare Report
Legal Issues
- 1 Whether the applicants should be appointed as legal guardians and guardians ad litem of the minor.
- 2 Whether a child welfare report should be ordered for the minor prior to adoption.
Ratio Decidendi
The court found that the minor had been declared free for adoption by a competent adoption society, as evidenced by the certificate provided. The applicants demonstrated their suitability and willingness to act as legal guardians and guardians ad litem. The court determined that it was in the best interests of the child to appoint the proposed guardians and to order a child welfare report to ensure the minor's welfare is adequately assessed before finalizing the adoption process. Accordingly, the court granted the orders sought in the notice of motion.
Court Disposition
Application allowed; orders granted as prayed.
Orders
- Josiah Illa Onyango and Beryl Atieno Okoth are appointed as legal guardians and guardians ad litem of the minor Lucky Esther alias Martha Nafula alias Azania Gift Chiviva.
- The Coordinator for Children Services Kisumu County is directed to prepare and file a child welfare report in respect of the minor within 21 days from the date of the order.
Full Case Text
Judgment text and source record
11 paragraphs
In re LE (Minor) (Adoption Cause E007 of 2024) [2024] KEHC 8513 (KLR) (15 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8513 (KLR)
Republic of Kenya
In the High Court at Kisumu
Adoption Cause E007 of 2024
MS Shariff, J
July 15, 2024
IN THE MATTER OF THE CHILDREN’S ACT AND IN THE MATTER OF AN APPLICATION FOR THE ADOPTION BY AOI AND JAM AND IN THE MATTER OF AN ADOPTION OF LE (MINOR)
Ruling
1. I have considered the Applicants’ notice of motion dated 26th June 2024, supporting affidavit of Absalom Obuya Illa sworn on 20th June 2024 and the annexure thereto marked as AO1-1 which demonstrate that the minor Lucky Esther alias Martha Nafula alias Azania Gift Chaviva was on 12. 1.2021 declared free for adoption vide a certificate No. 002227 issued by Little Angels Network and I allow the same and make the following orders:-1. This court hereby appoints Josiah Illa Onyango and Beryl Atieno Okoth as the legal guardians and guardians ad litem of the minor Lucky Esther alias Martha Nafula alias Azania Gift Chiviva.2. An order is hereby issued directing the Coordinator for Children Services Kisumu County to prepare and file a child welfare report in respect of the minor Lucky Esther alias Martha Nafula alias Azania Gift Chiviva within 21 days from the date hereof.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 15THDAY OF JULY, 2024. M. S. SHARIFFJUDGE