In re Application for Guardianship BPKZ (Baby) [2022] KEHC 10166 (KLR)

In re Application for Guardianship BPKZ (Baby) (Miscellaneous Application E018 of 2022) [2022] KEHC 10166 (KLR) (4 July 2022) (Ruling)

Neutral citation: [2022] KEHC 10166 (KLR)

Republic of Kenya

In the High Court at Nakuru

Miscellaneous Application E018 of 2022

TM Matheka, J

July 4, 2022

IN THE MATTER OF AN APPLICATION FOR GUARDIANSHIP OF BABY BPKZ

Ruling

1. I have perused the Originating Summons filed on April 22, 2022 by FKM together with the supporting affidavit sworn on January 29, 2022. He seeks a guardianship order with respect to the minor BPKZ.

2. According to the application, the applicant and the minor are children of EMM, but have different fathers. The father to the minor being one KZK. unfortunately, both E and K passed away in 2019 and 2020 respectively.

3. The applicant now wishes to have a guardianship order with respect to his now thirteen (13) year old step brother.

4. I sought a Children Officer’s report and it was filed on June 27, 2022 by the Children Officer Nakuru East Sub County Viola Yego.

5. The Children Officer has visited the home of the applicant, the subject in school and interviewed him and even interviewed he wife to the applicant. It is the opinion of the Children Officer that it in the best interest of the subject, that the guardian order do issue pursuant to section 23(1) and 102 of the Children Act.

6. Section 23(1) defines parental responsibility to mean, all duties, rights, powers, responsibilities and authority which by law a parent of a child has in relation to a child and the child’s property in a manner consistent with the evolving capacities of the child.

7. Section 102 defines the guardian and the purposes for which a guardian may be appointed.

8. In this case it is the case of the appointment of guardian by court to assume parental responsibility upon the death of both parents of the child. However, the powers of the guardian under section 102 of the Children Act are very wide, as they include the appointment of the guardian to deal with the estate of the child.

9. The Originating Summons is brought under sections 103, 104 and 105 of the Children Act, because clearly the applicant appears only interested in taking over the parental responsibility for the child.

10. I have considered the Originating Summons, the Affidavit of Support, the Children Officer’s Report, and allow the same in the following terms;

i.The applicant FKM be and is hereby appointed the guardian of BPKZ, pursuant to section 104 (a) as read with section 23 (1) of the Children Act t.ii.The guardianship order to remain in force until the minor is 18 years old; or until it is reviewed by this court on application of the applicant, the child or the Director of Children Services.iii.Orders accordingly.

DATED, SIGNED AND DELIVERED VIA EMAIL AT NAKURU THIS 4TH DAY OF JULY, 2022MUMBUA T. MATHEKAJUDGEC/A EdnaFKMfmulembani@gmail.comM/s A. N. Geke & Co. Advocatesgekeadvocates@gmail.com