[2024] KEHC 8549 (KLR)
The court found that the application for appointment of Pamela Adhiambo and Peter Sewe Onyango as legal guardians and guardians ad litem of the minor, Logan Peter Lusenaka, was merited as it was a kinship adoption and the procedural requirements had been met. The court further held that a child welfare report from...
Source-derived case information.
- Citation
- [2024] KEHC 8549 (KLR)
- Parties
- Applicant: Pamela Adhiambo; Applicant: Peter Sewe Onyango; Respondent: County Coordinator for Children Services Kisumu County
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E005 of 2024
- Procedural Posture
- Adoption Cause / Interlocutory Ruling on Notice of Motion for Appointment of Guardians and Welfare Report
- Outcome
- Notice of motion allowed; applicants appointed as legal guardians and guardians ad litem; welfare report ordered.
- Judges
- MS Shariff
- Legal Topics
- Adoption Procedure, Kinship Adoption, Guardians Ad Litem, Child Welfare Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pamela Adhiambo
Applicant
Peter Sewe Onyango
Applicant
County Coordinator for Children Services Kisumu County
Respondent
Procedural Posture
Adoption Cause / Interlocutory 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 prior to the substantive adoption hearing.
Ratio Decidendi
The court found that the application for appointment of Pamela Adhiambo and Peter Sewe Onyango as legal guardians and guardians ad litem of the minor, Logan Peter Lusenaka, was merited as it was a kinship adoption and the procedural requirements had been met. The court further held that a child welfare report from the County Coordinator for Children Services was necessary to ensure the best interests of the child are protected before proceeding to the substantive adoption hearing. Accordingly, the court granted the orders sought and directed the filing of the welfare report within 21 days, with a mention date set to confirm compliance and give further directions.
Court Disposition
Notice of motion allowed; applicants appointed as legal guardians and guardians ad litem; welfare report ordered.
Orders
- Pamela Adhiambo and Peter Sewe Onyango appointed as legal guardians and guardians ad litem of Logan Peter Lusenaka.
- County Coordinator for Children Services Kisumu County to file a child welfare report within 21 days.
Full Case Text
Judgment text and source record
11 paragraphs
In re LPL (Infant) (Adoption Cause E005 of 2024) [2024] KEHC 8549 (KLR) (15 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8549 (KLR)
Republic of Kenya
In the High Court at Kisumu
Adoption Cause E005 of 2024
MS Shariff, J
July 15, 2024
IN THE MATTER OF AN APPLICATION FOR THE ADOPTION BY PA AND PSO AND IN THE MATTER OF AN ADOPTION OF LPL (INFANT)
Ruling
1. I have considered the notice of motion dated 3. 6.2024 and the affidavit in support thereof sworn by Pamela Adhiambo and Peter Sewe Onyango on even date and I do hereby allow the same while noting that his is a kinship adoption and I make the following orders:-1. The court hereby appoints Pamela Adhiambo and Peter Sewe Onyango as the legal guardians and guardians ad litem respectively of the minor one Logan Peter Lusenaka.2. The County Coordinator for Children Services Kisumu County is hereby directed to file a child welfare report in respect of the minor Logan Peter Lusenaka within 21 days from the date hereof.3. Mention on 25. 9.2024 to confirm compliance and take directions on the substantive originating summons dated 3. 6.2024.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 15TH DAY OF JULY, 2024. M. S. ShariffJUDGE