Case ID:182420

In re of SO (Baby) [2021] eKLR

Case Metadata

Case Number:

Adoption Cause 2 of 2021

Parties:

In re of SO (Baby)

Date Delivered:

28 Sep 2021

Case Class:

Civil

Court:

High Court at Kisii

Case Action:

Ruling

Judge(s):

Rose Edwina Atieno Ougo

Citation:

In re of SO (Baby) [2021] eKLR

Advocates:

Mr. Bitok for the applicants

Court Division:

Family

County:

Kisii

Advocates:

Mr. Bitok for the applicants

History Advocates:

One party or some parties represented

Case Outcome:

Guardian rejected

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISII

ADOPTION CAUSE NO. 2 OF 2021

IN THE MATTER OF BABY SO..... INFANT

AND

DNA.......................................1

ST

APPLICANT

MMN................................... 2

ND

APPLICANT

RULING

1. Before me is an application by the applicants

DNA

and

MMN

seeking to have

JGA

of P.O. Box xxx Keroka to be appointed as a Guardian

ad litem.

During his interview in Court JA informed the court that D is his brother and M his sister in law. He admitted that he does not stay with the applicants and that during the holidays he stays with the child at Masaba.

2. Section 160

of the

Children Act 2016

provides for the duties of the guardian

ad litem

. The proposed guardian

ad litem

is a relative of the applicant and child. For one to do an objective and independent report, the proposed guardian

ad litem

should in my view be an objective and an independent person. The applicants need to look for a guardian

ad litem

who will be objective and independent as that which is required of him or her must be a report that details his/her investigations relevant to the proposed adoption with a view of safeguarding the interests of the child and to report on matters stated by the applicants.

3. Being a relative of the applicants it is my view that he would not be objective or give an independent report. Further he does not stay with the applicants in the USA where they reside. The guardian

ad litem

should be a neutral and independent person.

4. On the stated reasons, I reject the proposed guardian

ad litem

.

DATED, SIGNED AND DELIVERED AT KISII THIS 28

TH

DAY OF SEPTEMBER, 2021

R.E. OUGO

JUDGE

In the presence of:

Mr. Bitok for the applicants

Rael Court Assistant