1. Before the Court is the Chamber Summons dated 6 May 2026 seeking, inter alia, the appointment of Moses Habu Luhombo and Judith Chao Salzmann as guardians ad litem, dispensation with the consent of the biological parents of the minor, and directions for investigations and reports by Little Angels Network and the County Director of Children's Services, Mombasa County.
2. I have considered the application, the supporting affidavit and the documents annexed thereto. The material before the Court shows that the minor has resided with the applicant for a considerable period and that proceedings relating to the child's custody and guardianship have previously been undertaken before the Children's Court at Kwale.
3. The proposed guardians ad litem have sworn affidavits expressing their willingness to act and have undertaken to discharge their duties in accordance with the Children Act, 2022. The applicants are both residents in Mombasa, Nyali area. I am satisfied that they are suitable persons for appointment.
4. The applicant also seeks an order dispensing with the consent of the biological parents pursuant to section 159 of the Children Act, 2022. Although material has been placed before the Court suggesting that the biological parents have not exercised parental responsibility over the child and that the biological mother previously expressed an inability to care for the child, the Court considers that the issue should be determined after receipt of the reports from the adoption society and the Director of Children's Services.
5. The best interests of the child require that the Court first receive independent assessments before making a final determination on whether the statutory grounds for dispensation of parental consent have been established.
6. Accordingly, I make the following orders:
a. Moses Habu Luhombo and Judith Chao Salzmann are hereby appointed guardians ad litem for the minor during the pendency of these proceedings.
b. Little Angels Network shall investigate the proposed adoption and file its report within forty-five (45) days.
c. The County Director of Children's Services, Mombasa County, shall conduct investigations and file a report within forty-five (45) days.
d. The prayer seeking dispensation with the consent of the biological parents shall for part of the reports as stated above and is deferred for determination upon consideration of the reports filed pursuant to orders (b) and (c) above.
e. The matter shall thereafter be mentioned for further directions.
f. Costs shall be in the cause.
2. I have considered the application, the supporting affidavit and the documents annexed thereto. The material before the Court shows that the minor has resided with the applicant for a considerable period and that proceedings relating to the child's custody and guardianship have previously been undertaken before the Children's Court at Kwale.
3. The proposed guardians ad litem have sworn affidavits expressing their willingness to act and have undertaken to discharge their duties in accordance with the Children Act, 2022. The applicants are both residents in Mombasa, Nyali area. I am satisfied that they are suitable persons for appointment.
4. The applicant also seeks an order dispensing with the consent of the biological parents pursuant to section 159 of the Children Act, 2022. Although material has been placed before the Court suggesting that the biological parents have not exercised parental responsibility over the child and that the biological mother previously expressed an inability to care for the child, the Court considers that the issue should be determined after receipt of the reports from the adoption society and the Director of Children's Services.
5. The best interests of the child require that the Court first receive independent assessments before making a final determination on whether the statutory grounds for dispensation of parental consent have been established.
6. Accordingly, I make the following orders:
a. Moses Habu Luhombo and Judith Chao Salzmann are hereby appointed guardians ad litem for the minor during the pendency of these proceedings.
b. Little Angels Network shall investigate the proposed adoption and file its report within forty-five (45) days.
c. The County Director of Children's Services, Mombasa County, shall conduct investigations and file a report within forty-five (45) days.
d. The prayer seeking dispensation with the consent of the biological parents shall for part of the reports as stated above and is deferred for determination upon consideration of the reports filed pursuant to orders (b) and (c) above.
e. The matter shall thereafter be mentioned for further directions.
f. Costs shall be in the cause.