In re NET (A Child) [2024] KEHC 3851 (KLR)

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