The applicant applied to court for an order that she be
appointed legal guardian of the infants Ivan Okoth Clive
Okoth, aged 14 and 11 years respectively. The applicant was
the natural mother of the infants.
Court considered whether it should grant the application.
Court ruled that it is well established that in cases of
guardianship the guiding principle is the welfare of the infant
.the wide discretion granted to this court under the above
provision if the law must be exercised with great care so that
the infant does not suffer materially or otherwise. In the
instant case the applicant is the natural mother of the infants,
the father of the children is dead and the responsibility to take
care of the children rests squarely on her. She bought the land
which, she seeks to sell part thereof for the benefit of the
children. she intends to buy another piece of land in a
commercial area in order to develop it and get money for the
benefit of the children.
Court accordingly appointed the applicant as legal guardian
of the infant having held that it would be in the interest and of
great benefit to the children.