[2025] KEHC 3627 (KLR)
The court found that the applicant, being the maternal uncle of the minor and having demonstrated ongoing care and support, is a suitable person to be appointed as guardian. The minor’s welfare, including her education and access to funds held by the Public Trustee, necessitated the appointment. The application was...
Source-derived case information.
- Citation
- [2025] KEHC 3627 (KLR)
- Parties
- Applicant: COO; Respondent: SOO; Respondent: BAT
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E007 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Guardianship Application
- Outcome
- application allowed
- Judges
- OA Sewe
- Legal Topics
- Guardianship of Minors, Appointment of Guardian, Child Welfare, Custody of Orphans
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
COO
Applicant
SOO
Respondent
BAT
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Guardianship Application
Legal Issues
- 1 Whether the applicant should be appointed as guardian of the minor, TSA.
- 2 Whether the appointment is in the best interests of the child as required by law.
Ratio Decidendi
The court found that the applicant, being the maternal uncle of the minor and having demonstrated ongoing care and support, is a suitable person to be appointed as guardian. The minor’s welfare, including her education and access to funds held by the Public Trustee, necessitated the appointment. The application was unopposed, and the evidence showed that the step-father had previously misused compensation funds. The court was satisfied that appointing the applicant as guardian was in the best interests of the child, in accordance with the Children’s Act, 2022.
Court Disposition
application allowed
Orders
- The applicant, COO, is appointed as the guardian of the minor, TSA.
- Each party to bear their own costs.
Full Case Text
Judgment text and source record
25 paragraphs
In re TSA (Minor) (Miscellaneous Application E007 of 2024) [2025] KEHC 3627 (KLR) (11 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3627 (KLR)
Republic of Kenya
In the High Court at Homa Bay
Miscellaneous Application E007 of 2024
OA Sewe, J
March 11, 2025
IN THE MATTER OF SECTION 122, 123 & 125 OF THE CHILDREN’S ACT OF 2022
AND
IN THE MATTER OF APPLICATION FOR GUARDIANSHIP OF TSO (MINOR)
Between
COO
Applicant
and
SOO
1st Respondent
BAT
2nd Respondent
Ruling
1. By the chamber summons dated 7th May 2024, the applicant, COO seeks that the court be pleased to appoint him as the Guardian of the minor, TSA. The applicant is premised on the ground that he is the minor’s maternal uncle and that the minor is now an orphan after her mother died in a road traffic accident on 13th May 2020, leaving behind the minor and her elder sister BAT (2nd respondent) as well as their step-father, SAO (the 1st respondent).
2. The applicant averred that the minor has been under the actual custody of her aunt who has been providing her with such basic needs as food, clothing and shelter. He further stated that since the minor’s step-father had already accessed and misused benefits received from the road accident compensation of kshs.700,000 and kshs.10,000/- from the Migori County Civil Servants Union, the minor’s elder sister, Brinner wrote to the PS, State Department of Interior seeking that any remaining benefits be entrusted with the Public Trustee. Thus, a sum of kshs.957,892. 80 was sent to the Public Trustee to manage.
3. The minor is now in Form 1 at [Particulars Withheld]l and whereas the applicant and other members of his family have been paying fees for her, it has become strenuous. He therefore approached the Public Trustee with a view of accessing the sums due to the minor and was required to demonstrate his status as guardian hence the instant application.
4. The application was served on the respondents. It is unopposed. The applicant annexed the following documents to support his application.a.Certificate of Death IRO EAO.b.Certificate of Birth IRO the minor TSAc.2 letters dated 1st December, 2021 and 8th April 2022 from the
2nd respondent tot het PS Department of Interior. 5. Having given the matter careful consideration, I am satisfied that it is meritorious. The application dated 7th May 2024 is hereby allowed and orders granted as follows.a.The applicant be and is hereby appointed as the guardian of the minor, TSA.b.Parties to bear own costs.
DATED, SIGNED, AND DELIVERED VIRTUALLY THIS 11TH DAY OF MARCH 2025. O.A. SEWE,JUDGEHOMABAY HIGH COURT