1. Before the Court is a Chamber Summons dated 24 December 2025 seeking the appointment of Loice Maina as Guardian ad Litem for the minors, Nelly Triza Karimi and Tiffany Pendo Muthoni, pending the hearing and determination of the adoption proceedings instituted by the Applicant. The application is supported by the affidavit of the proposed Guardian ad Litem together with a consent to act and an affidavit of fitness.
2. The proposed Guardian ad Litem depones that she is a Kenyan citizen aged fifty-eight years, resident in Mombasa County, and that she has known the Applicant for more than five years. She further states that she has no interest adverse to that of the children and is willing to undertake the responsibilities attendant to the office of Guardian ad Litem.
3. The role of a Guardian ad Litem in adoption proceedings is to safeguard and represent the interests of the child throughout the proceedings and to assist the Court in ensuring that any orders ultimately made are in the best interests of the child. The Court is therefore required to satisfy itself that the proposed appointee is a suitable and independent person capable of discharging those duties faithfully.
4. I have considered the application, the supporting affidavits and the consent filed by the proposed Guardian ad Litem. The material placed before the Court demonstrates that the proposed appointee is an adult of sound standing, has willingly accepted the appointment and has no apparent conflict of interest with the welfare of the children.
5. Article 53(2) of the Constitution and the provisions of the Children Act, 2022 require that in every matter concerning a child, the best interests of the child shall be the primary consideration. The appointment of a suitable Guardian ad Litem is an important safeguard in achieving that objective in adoption proceedings.
6. Having considered the application and the material placed before the Court, I am satisfied that the appointment sought is necessary and is in the best interests of the children.
7. Accordingly, the application is allowed and Loice Maina is hereby appointed as Guardian ad Litem for Nelly Triza Karimi and Tiffany Pendo Muthoni for purposes of these adoption proceedings.
8. The Guardian ad Litem shall undertake her duties in accordance with the Constitution, the Children Act, 2022 and any directions that may be issued by the Court from time to time.
9. Costs shall be in the cause.
2. The proposed Guardian ad Litem depones that she is a Kenyan citizen aged fifty-eight years, resident in Mombasa County, and that she has known the Applicant for more than five years. She further states that she has no interest adverse to that of the children and is willing to undertake the responsibilities attendant to the office of Guardian ad Litem.
3. The role of a Guardian ad Litem in adoption proceedings is to safeguard and represent the interests of the child throughout the proceedings and to assist the Court in ensuring that any orders ultimately made are in the best interests of the child. The Court is therefore required to satisfy itself that the proposed appointee is a suitable and independent person capable of discharging those duties faithfully.
4. I have considered the application, the supporting affidavits and the consent filed by the proposed Guardian ad Litem. The material placed before the Court demonstrates that the proposed appointee is an adult of sound standing, has willingly accepted the appointment and has no apparent conflict of interest with the welfare of the children.
5. Article 53(2) of the Constitution and the provisions of the Children Act, 2022 require that in every matter concerning a child, the best interests of the child shall be the primary consideration. The appointment of a suitable Guardian ad Litem is an important safeguard in achieving that objective in adoption proceedings.
6. Having considered the application and the material placed before the Court, I am satisfied that the appointment sought is necessary and is in the best interests of the children.
7. Accordingly, the application is allowed and Loice Maina is hereby appointed as Guardian ad Litem for Nelly Triza Karimi and Tiffany Pendo Muthoni for purposes of these adoption proceedings.
8. The Guardian ad Litem shall undertake her duties in accordance with the Constitution, the Children Act, 2022 and any directions that may be issued by the Court from time to time.
9. Costs shall be in the cause.