In re RJ – LD (Child) [2021] KEHC 13216 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

MISC. APPL. NO. 89 OF 2019

IN THE MATTER OF THE GUARDIANSHIP AND CUSTODY OF RJ – LD (CHILD)

MWM.......................................APPLICANT

VERSUS

CAD.....................................RESPONDENT

DIRECTIONS

1. I have looked at the originating summons dated 27th May 2019 which is the basis of all the subsequent applications.  The originating summons was brought under rule 3 of the Guardianship of Children (Practice and procedure) Rules, 2002 made under the Children Act, No. 8 of 2001.  The substantial prayer in the originating summons was the guardianship of RJ-LD., the child of the applicant (MWM) and the respondent (CAD)

2. Before I consider the application by the applicant dated 10th March 2021, I ask counsel to address the court on the issue of its jurisdiction to hear and determine the originating summons and the application.  This is in view of rule 2 of the Rules and sections 73 and 102 of theChildren Act.

DATED AND DELIVERED AT NAIROBI THIS 7TH DAY OF JULY, 2021.

A.O. MUCHELULE

JUDGE