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JudgmentCALVINS OKELO OSODO VS SAMUEL OKUMU ARWA AND BRINNER AKINYI TOM2 min read

CALVINS OKELO OSODO VS SAMUEL OKUMU ARWA AND BRINNER AKINYI TOM

High Court at Homabay High Court · · Olga A. Sewe

[1]   By the chamber summons dated 7th May 2024, the applicant, Calvins Okelo Osodo, seeks that the court be pleased to appoint him as the Guardian of the minor, T S A. The application is premised on the ground that he is the minor’s maternal uncle and that the minor is now an orphan after her mother died in a road traffic accident on 13th May 2020; leaving behind the minor and her elder sister Brinner Akinyi Tom (2nd respondent) as well as their step-father, Samuel Akumu Orwa (the 1st respondent).

[2] The applicant averred that the minor has been under the actual custody of her aunt who has been providing her with such basic needs as food, clothing and shelter.  He further stated that since the minor’s step-father had already accessed and misused benefits received as compensation for the road accident in the sum of Kshs. 700,000/- and Ksh. 10,000/- from Migori County Civil Servants Union, the minor’s elder sister, Brinner Akinyi Tom, wrote to the PS, State Department of Interior seeking that any remaining benefits be entrusted with the Public Trustee. Thus, a sum of Kshs. 957,892.80 was sent to the Public Trustee for administration.

[3] The minor is now in Form 1 at Dudi Girls Secondary School and the applicant averred that whereas he and other members of his family have been paying fees for her, it has become strenuous.  He therefore approached the Public Trustee with a view of accessing the sums due to the minor for the purpose of fee payment for the minor but was required to demonstrate his status as guardian; hence the instant application.

[4] The application was served on the respondents.  It is unopposed.  The applicant annexed the following documents to support his application.

  1. Certificate of Death IRO Emily Auma Osodo.
  2. Certificate of Birth IRO the minor Tricia Sandra Awino.

[c] Two letters dated 1st December, 2021 and 8th April 2022 from the 2nd respondent to the PS, Department of Interior.

[5] Having given the matter careful consideration, I am satisfied that it is meritorious. The application dated 7th May 2024 is hereby allowed and orders granted as follows.

[a]  The applicant be and is hereby appointed as the guardian of the minor, TSA.

[b]   Parties to bear own costs.

DATED, SIGNED AND DELIVERED VIRTUALLY THIS 11TH DAY OF MARCH 2025.


    CALVINS OKELO OSODO VS SAMUEL OKUMU ARWA AND BRINNER AKINYI TOM CALVINS OKELO OSODO VS SAMUEL OKUMU ARWA AND BRINNER AKINYI TOM