P.K V C.K [2002] KEHC 278 (KLR)
- Court
- High Court of Kenya
- Case number
- 278
- Citation
- [2002] KEHC 278 (KLR)
- Decided
- 7 February 2002
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeGuardianshipPostureApplication for Guardianship and interim custodyCoramK. H. RAWAL
Holding
The infant should be made a ward of court pending the final determination of who shall be his guardian. The applicant should be granted interim custody of the infant.
Facts
The applicant is a maternal aunt to the infant F, who is a ward of the court. The applicant seeks to have the infant made a ward of court and to take interim charge and control of him.
Issues
- Whether the infant should be made a ward of court
- Whether the applicant should be granted interim custody of the infant
Reasoning
The welfare of the infant is the primary consideration. The applicant is prima facie satisfied to provide an environment conducive to his welfare. The parties are encouraged to agree on access to the respondent.
Outcome
The infant Fode was made a ward of court and placed in interim charge and control of the applicant P K. The Originating Summons shall be heard on priority basis.
Orders
- The infant Fode be made a ward of Court
- The infant be placed in interim charge & control of the applicant P K pending hearing and determination of the Originating Summons
- The Originating Summons be heard on priority basis
- The Children Officer from the Children Department shall visit the infant every week and report to the Court if found necessary
- No order as to costs
Remedies
- Interim custody of the infant by the applicant
Authorities cited
Legislation (1)
- Guardianship of Infants Act, Chapter 144 of the Laws of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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