[2024] KEHC 3851 (KLR)
The court found that OMRW understood the roles and responsibilities of a guardian ad litem as required under the Children Act, 2001. The court was satisfied, based on the affidavit, consent, and oral testimony, that OMRW is suitable to be appointed as guardian ad litem for the child NET. The court further directed...
Source-derived case information.
- Citation
- [2024] KEHC 3851 (KLR)
- Parties
- Applicant: EWT; Applicant: OMRW
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 023 of 2023
- Procedural Posture
- Adoption Cause / Interlocutory Ruling on Appointment of Guardian Ad Litem and Directions for Reports
- Outcome
- OMRW appointed as guardian ad litem; directions issued for filing of evaluation and assessment reports; matter set for further hearing.
- Judges
- A Mshila
- Legal Topics
- Adoption Procedure, Guardian Ad Litem Appointment, Child Welfare, Children Act Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EWT
Applicant
OMRW
Applicant
Procedural Posture
Adoption Cause / Interlocutory Ruling on Appointment of Guardian Ad Litem and Directions for Reports
Legal Issues
- 1 Whether OMRW is suitable to be appointed as guardian ad litem for the child NET.
- 2 Whether the Director of Children Services and the Guardian Ad Litem should be directed to file evaluation and assessment reports on the suitability of TKN and EWT.
Ratio Decidendi
The court found that OMRW understood the roles and responsibilities of a guardian ad litem as required under the Children Act, 2001. The court was satisfied, based on the affidavit, consent, and oral testimony, that OMRW is suitable to be appointed as guardian ad litem for the child NET. The court further directed the Director of Children Services and the guardian ad litem to file evaluation and assessment reports on the suitability of TKN and EWT, in compliance with statutory requirements for adoption proceedings. The paramount consideration throughout was the welfare and best interests of the child.
Court Disposition
OMRW appointed as guardian ad litem; directions issued for filing of evaluation and assessment reports; matter set for further hearing.
Orders
- OMRW is appointed as guardian ad litem for the child NET.
- The Director of Children Services Thika Sub-County and the Guardian Ad Litem shall file evaluation and assessment Home Visit Reports on the suitability of TKN and EWT within 45 days.
Full Case Text
Judgment text and source record
23 paragraphs
In re NET (A Child) (Adoption Cause 023 of 2023) [2024] KEHC 3851 (KLR) (5 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3851 (KLR)
Republic of Kenya
In the High Court at Kiambu
Adoption Cause 023 of 2023
A Mshila, J
April 5, 2024
IN THE MATTER OF THE CHILDREN’S ACT
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION ORDER OF NET (A CHILD)
In the matter of
EWT
Applicant
Ruling
1. The application is a Chamber Summons dated 18th March, 2024 and is premised under the provisions of Section 158 of the Children Act, 2001. The Applicants seek as follows;a.That this Honourable Court be pleased to appoint OMRW as guardian ad litem herein for the child.b.That the Director of Children Services and the Guardian Ad Litem do file evaluation and assessment Reports on the Child as to the suitability of TKN and EWTc.That the costs of the application be provided for.
2. The application was supported by the Supporting Affidavit dated 16th December, 2023 of the proposed Guardian Ad Litem and a Consent Letter of the same date.
3. Counsel for the Applicants interrogated the proposed Guardian Ad Litem on the duties to be undertaken and discharged by him; He undertook to safeguard the interest of the child at all times; to provide an account or report of the progress of the Child as may be prescribed by the Court or other relevant authorities; and to execute his duties honestly, impartially and at times knowing that the welfare of the child was of paramount importance and shall override all other matters and considerations;
4. Upon hearing the testimony of the proposed Guardian Ad Litem ex-parte this court was satisfied that he understood his roles and responsibilities and the duties to be discharged within the context of the Children Act.
Findings And Determination 5. For the forgoing reasons this Court finds that OMRW of P.O. Box xxx-00600 Nairobi to be suitable and that he be and is hereby duly appointed Guardian Ad Litem for the Child NET.
6. The Director of Children Services Thika Sub-County and the Guardian Ad Litem do file evaluation and assessment Home Visit Reports days on the suitability of TKN and EWT within 45 days hereof.
7. Hearing 4th June, 2024.
Orders Accordingly.
DATED SIGNED AND DELIVERED VIA TEAMS AT KIAMBU THIS 5THDAY OF APRIL, 2024A.MSHILAJUDGEIn the presence of;Martin – Court AssistantMwangi for the Applicants