' HIGH COURT CIVIL CASE NO. E007 OF 2025
IN THE MATTER OF APPLICATION FOR GUARDIANSHIP
TO MARGARET NJERI NYAGA
AND
IN THE MATTER OF ELIZABETH WANGARI MURIUKI…APPLICANT
JUDGEMENT
1. The Applicant herein ELIZABETH WANGARI MURIUKI has filed the
Originating Summons dated 12 th March 2025 seeking to be appointed
as the legal guardian to MARGARET NJERI NYAGA (a minor).
2. The application was premised upon Section 25 of the Children Act
2022 and was supported by the affidavit of even date sworn by the
Applicant. The matter was heard by way of oral evidence on the virtual
platform.
3. The Applicant told the court that the subject child who is now aged six
(6) years old is the daughter of the applicant’s cousin who passed
away in June 2023 . Following the demise of the single mother the
Applicant and her husband took in the child and have been raising her as
their own.
4. The applicant now seeks to be appointed as the legal guardian of the
child, so as to enable her include the child in her medical cover and to
enable her make decisions relating to the child’s well-being and
education.
ANALYSIS AND DETERMINATION
5. I have carefully considered this application, the documents supplied in
support thereof as well as the evidence adduced before the court.
6. Section 122 (1) of the Children Act 2022 authorises a court to appoint
a guardian for any child who is resident in Kenya whether or not the child
was born in Kenya.
7. In this case the subject-child is a girl child who was born in the Republic
of Kenya . A copy of the child’s Birth Certificate Serial No. 5013809
appears as annexture ‘ ’ENM 1(a)’ to the Supporting affidavit dated 12 th
March 2025 and indicates that the child was born on 14 th April 2019
at PGH Nyeri .
8. The child is also resident in Kenya as she resides with the family of the
Applicant in Gataragwa in Kieni West Sub-County of Nyeri County .
9. The applicant told the court that the subject child was born to her cousin
one CYNTHIA WAWIRA NJOGU who died in the year 2023 . She has
annexed to her supporting affidavit a copy of the Death Certificate Serial
No. 1707462 Annexture ‘ ENM 1(b) ’. The document indicates that the
child’s mother passed away in Embu County on 18 th June 2023 .
10. The Applicant told the court that her cousin was a single mother, that
the whereabouts of the child’s father was not known to the family and
that the father has not been in the life of the child.
11. In the case of DAVID TWESIGYE (an infant) HCMA 004 of 2008
the court stated as follows;-
“While the primary right of a child is to grow up under the tutelage of his or her parents, or parent for the obvious reasons of emotional attachment, if it is shown to the satisfaction of a competent authority and in this case the court that vesting legal guardianship of the child in the applicants, would solve the best interest of the child then, it would be proper for this court to make an order removing such child from the parent. The court has to weigh the emotional loss of staying with ones parents against the opportunities that would come with relocation away from the hands of the parents.”
12. In deciding upon any matter involving a child, courts are obliged to give
priority to the ‘ best interests’ of the said child. Section 8(1) of the
Children Act 2022 provides that:-
“(8) (1) In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies.
The best interests of the child shall be the priority consideration.” [Own emphasis]
13. The child in question was born of a single mother who unfortunately
passed away when the child was four (4 ) years old. The applicant who
is a cousin to the child’s mother decided to take the child into her home
and raise her as her own. The Applicant has enrolled the child in the
same school that her children attend. Annexture ‘ ENM 2B’ is a letter
dated 16 th January 2024 written by the Assistant Chief confirming
that following the demise of her mother the child was taken in by the
Applicant.
14. The Applicant is a teacher at Gatarakwa Girls High School . The
Applicant is a mature woman who is in a stable marital union. She has
annexed a copy of her Marriage certificate (Annexture ‘ EWM 5’ ).
15. The Applicant has been living with the child and providing for all her
needs since April 2023 to date. No doubt the child has bonded with
the Applicants family.
16. I was able to see and interact with the child on the virtual platform. She
was a healthy lively child who cheerfully answered all questions put to
her. The child referred to the Applicant as ‘ Mum’ .
17. I have perused the report dated 24 th September 2025 prepared by
the Department of Children Services. The report indicates that the child
is well cared for and is thriving in the care of the Applicant.
18. I find that this application will serve the best interest of the child. I
therefore allow the same and make the following orders:-
ELIZABETH WANGARI MURIUKI is hereby appointed as the legal guardian for MARGARET NJERI NYAGA (a minor) until she attains the age of eighteen (18) years or unless this order is earlier revoked or later extended by the Court in accordance with the law.
(2) The Applicant is authorised to make all decisions concerning the
child’s education, medical care and external welfare as her legal
guardian.
(3) No orders on costs.
Dated in Nyeri this 7 th day of November 2025.
'
IN THE MATTER OF APPLICATION FOR GUARDIANSHIP
TO MARGARET NJERI NYAGA
AND
IN THE MATTER OF ELIZABETH WANGARI MURIUKI…APPLICANT
JUDGEMENT
1. The Applicant herein ELIZABETH WANGARI MURIUKI has filed the
Originating Summons dated 12 th March 2025 seeking to be appointed
as the legal guardian to MARGARET NJERI NYAGA (a minor).
2. The application was premised upon Section 25 of the Children Act
2022 and was supported by the affidavit of even date sworn by the
Applicant. The matter was heard by way of oral evidence on the virtual
platform.
3. The Applicant told the court that the subject child who is now aged six
(6) years old is the daughter of the applicant’s cousin who passed
away in June 2023 . Following the demise of the single mother the
Applicant and her husband took in the child and have been raising her as
their own.
4. The applicant now seeks to be appointed as the legal guardian of the
child, so as to enable her include the child in her medical cover and to
enable her make decisions relating to the child’s well-being and
education.
ANALYSIS AND DETERMINATION
5. I have carefully considered this application, the documents supplied in
support thereof as well as the evidence adduced before the court.
6. Section 122 (1) of the Children Act 2022 authorises a court to appoint
a guardian for any child who is resident in Kenya whether or not the child
was born in Kenya.
7. In this case the subject-child is a girl child who was born in the Republic
of Kenya . A copy of the child’s Birth Certificate Serial No. 5013809
appears as annexture ‘ ’ENM 1(a)’ to the Supporting affidavit dated 12 th
March 2025 and indicates that the child was born on 14 th April 2019
at PGH Nyeri .
8. The child is also resident in Kenya as she resides with the family of the
Applicant in Gataragwa in Kieni West Sub-County of Nyeri County .
9. The applicant told the court that the subject child was born to her cousin
one CYNTHIA WAWIRA NJOGU who died in the year 2023 . She has
annexed to her supporting affidavit a copy of the Death Certificate Serial
No. 1707462 Annexture ‘ ENM 1(b) ’. The document indicates that the
child’s mother passed away in Embu County on 18 th June 2023 .
10. The Applicant told the court that her cousin was a single mother, that
the whereabouts of the child’s father was not known to the family and
that the father has not been in the life of the child.
11. In the case of DAVID TWESIGYE (an infant) HCMA 004 of 2008
the court stated as follows;-
“While the primary right of a child is to grow up under the tutelage of his or her parents, or parent for the obvious reasons of emotional attachment, if it is shown to the satisfaction of a competent authority and in this case the court that vesting legal guardianship of the child in the applicants, would solve the best interest of the child then, it would be proper for this court to make an order removing such child from the parent. The court has to weigh the emotional loss of staying with ones parents against the opportunities that would come with relocation away from the hands of the parents.”
12. In deciding upon any matter involving a child, courts are obliged to give
priority to the ‘ best interests’ of the said child. Section 8(1) of the
Children Act 2022 provides that:-
“(8) (1) In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies.
The best interests of the child shall be the priority consideration.” [Own emphasis]
13. The child in question was born of a single mother who unfortunately
passed away when the child was four (4 ) years old. The applicant who
is a cousin to the child’s mother decided to take the child into her home
and raise her as her own. The Applicant has enrolled the child in the
same school that her children attend. Annexture ‘ ENM 2B’ is a letter
dated 16 th January 2024 written by the Assistant Chief confirming
that following the demise of her mother the child was taken in by the
Applicant.
14. The Applicant is a teacher at Gatarakwa Girls High School . The
Applicant is a mature woman who is in a stable marital union. She has
annexed a copy of her Marriage certificate (Annexture ‘ EWM 5’ ).
15. The Applicant has been living with the child and providing for all her
needs since April 2023 to date. No doubt the child has bonded with
the Applicants family.
16. I was able to see and interact with the child on the virtual platform. She
was a healthy lively child who cheerfully answered all questions put to
her. The child referred to the Applicant as ‘ Mum’ .
17. I have perused the report dated 24 th September 2025 prepared by
the Department of Children Services. The report indicates that the child
is well cared for and is thriving in the care of the Applicant.
18. I find that this application will serve the best interest of the child. I
therefore allow the same and make the following orders:-
ELIZABETH WANGARI MURIUKI is hereby appointed as the legal guardian for MARGARET NJERI NYAGA (a minor) until she attains the age of eighteen (18) years or unless this order is earlier revoked or later extended by the Court in accordance with the law.
(2) The Applicant is authorised to make all decisions concerning the
child’s education, medical care and external welfare as her legal
guardian.
(3) No orders on costs.
Dated in Nyeri this 7 th day of November 2025.
'