[2016] KEHC 6872 (KLR)
The court found that the applicants had complied with the relevant provisions of the Children.s Act, including the requirement for appointment of a guardian ad litem to represent the interests of the child in the adoption proceedings. The application was supported by affidavit evidence and no opposition was raised....
Source-derived case information.
- Citation
- [2016] KEHC 6872 (KLR)
- Parties
- Applicant: S M N; Applicant: J W A; Respondent: F M W N
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 3 of 2015
- Procedural Posture
- Adoption Cause / Interlocutory Order (appointment of Guardian Ad Litem)
- Outcome
- Application for appointment of guardian ad litem allowed.
- Legal Topics
- Adoption Procedure, Guardian Ad Litem Appointment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
S M N
Applicant
J W A
Applicant
F M W N
Respondent
Procedural Posture
Adoption Cause / Interlocutory Order (appointment of Guardian Ad Litem)
Legal Issues
- 1 Whether the applicants have met the legal requirements for appointment of a guardian ad litem in adoption proceedings.
- 2 Whether the application for appointment of a guardian ad litem is merited under the Children.s Act.
Ratio Decidendi
The court found that the applicants had complied with the relevant provisions of the Children.s Act, including the requirement for appointment of a guardian ad litem to represent the interests of the child in the adoption proceedings. The application was supported by affidavit evidence and no opposition was raised. The court was satisfied that the appointment was in the best interests of the child and necessary for the proper conduct of the adoption process. Accordingly, the court allowed the application and appointed F M W N as guardian ad litem for the child pending the hearing and determination of the adoption proceedings.
Court Disposition
Application for appointment of guardian ad litem allowed.
Orders
- F M W N is appointed as guardian ad litem for Baby M I alias Baby M M M (child) pending hearing and determination of the adoption proceedings.
- Costs in the cause.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
ADOPTION CAUSE NO 3 OF 2015 (O.S.)
IN THE MATTER OF CHILDREN’S ACT, SECTION 158
AND
IN THE MATTER OF BABY M I ALIAS M M M (CHILD)
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION
BY
S M N and J W A
RULING
Upon reading the application dated 14th January 2015 expressed under the provisions of Section 160 of the Children's Act, and upon reading the grounds on the face of the said application, and upon reading the supporting affidavit of the applicants together with the annexures annexed thereto and sworn on 14th January 2015, and upon examining the relevant provisions of the law, I am satisfied that the application has merits and consequently I allow it and order as follows:-
That F M W N be and is hereby appointed as the guardian ad litem for Baby M Ialias Baby M M M (child) pending the hearing and determination of the application for adoption proceedings.
That costs in the cause.
Dated at Nyeri this 23rdday of February2016.
John M. Mativo, Judge