[2016] KEHC 2309 (KLR)
The court found that the applicant is the elder brother of the minor, has been responsible for his care and maintenance since their mother's death, and is desirous of formalizing his guardianship to provide medical insurance and assume parental responsibility. The court determined that the applicant is a fit and...
Source-derived case information.
- Citation
- [2016] KEHC 2309 (KLR)
- Parties
- Applicant: G G R; Respondent: P J M
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 10 of 2016
- Procedural Posture
- Originating Summons / Ruling on Application for Guardianship
- Outcome
- application allowed
- Legal Topics
- Guardianship of Minors, Parental Responsibility, Medical Insurance for Minors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G G R
Applicant
P J M
Respondent
Procedural Posture
Originating Summons / Ruling on Application for Guardianship
Legal Issues
- 1 Whether the applicant should be appointed as guardian of the minor P J M for purposes of medical insurance and parental responsibility.
Ratio Decidendi
The court found that the applicant is the elder brother of the minor, has been responsible for his care and maintenance since their mother's death, and is desirous of formalizing his guardianship to provide medical insurance and assume parental responsibility. The court determined that the applicant is a fit and proper person to be appointed as guardian, and that such appointment is in the best interests of the minor. The application was unopposed and supported by evidence from the local administration. Accordingly, the court allowed the application and appointed the applicant as guardian for the stated purposes.
Court Disposition
application allowed
Orders
- The applicant G G R is appointed as guardian of P J M for the purposes of taking out a medical insurance cover and assuming parental responsibilities.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CIVIL CASE NO. 10 OF 2016 (O.S)
IN THE MATTER OF P J M.............................................(MINOR)
VERSUS
G G R..........................................................................APPLICANT
RULING
1. The applicant filed this application under certificate of urgency seeking an order of this court to be appointed as a guardian of P J M for the purposes of taking out a medical insurance cover and for assuming parental responsibility. He has filed his application by way of an originating summons, which is brought under sections 105 (a), 112 of the Children's Act and under Rule 3 of the Guardianship of the Children Practice and Procedure Rules.
2. The application is anchored in the supporting affidavit of the applicant. The applicant has deponed that he is the son of the deceased C R N. He has further deponed that P J M is his younger brother, who is a minor in class four at particulars withheld town. He has also deponed that P J M has been in his custody, care and maintenance since the death of their mother on 25th October 2006.
3. The applicant has annexed to his affidavit a letter from the Administration Chief which has confirmed that the applicant is the elder brother of P J M and is desirous of being appointed as his a guardian.
4. I have considered the unopposed affidavit evidence of the applicant. I find that he is the elder brother of P J M. I further find that he is an engineer by profession. I also find that he is desirous of being appointed a guardian of P J M for purposes of taking out a medical insurance cover and for assuming parental responsibilities in respect of P J M, who is a minor aged ten years.
5. In the circumstances, I find that he is a fit and proper person to be appointed as a guardian of P J M. He is hereby appointed as a guardian for the purposes of taking out a medical insurance cover and for assuming parental responsibilities.
6. I therefore allow the application in terms of prayer 2 of the originating summons.
RULING DELIVERED,DATEDandSIGNED in open court at EMBU this 26th day of OCTOBER 2016.
In the presence of Mr Andande holding brief for Ms Muthoni for the applicant
Court clerk Njue
J.M. BWONWONGA
JUDGE
26. 10. 16