REPUBLIC OF KENYA

IN THE TONONOKA CHILDREN’S COURT

AT TONONOKA
GUARDIANSHIP CASE NO. OF 2019

IN THE MATTER OF THE CHILDREN ACT, 2001

-AND-

IN THE MATTER OF: PATRICIA WACHIA- (MINOR)

-AND-

IN THE MATTER OF GUARDIANSHIP OF CHILDREN (PRACTICE AND

PROCEDURE) RULES 2002

-AND-

IN THE MATTER OF AN APPLICATION BY AISHA ALI SAID-APPLICANT

-BETWEEN-

AISHA ALI SAID………………………………………………………..1ST APPLICANT

DOUGLAS CHARRIERE………………………………………………2ND APPLICANT

-VS-

ELKANA MWANGOLA…………………………………….…………1ST RESPONDENT

DORINE AKOTH AMAYO……………………………………………2ND RESPONDENT

SUB COUNTY CHILDREN’S

OFFICER………………………………………………………………3RD RESPONDENT
CERTIFICATE OF URGENCY

I AISHA ALI SAID, the Applicant do hereby certify that the application herein is urgent and
needs to be heard on a priority basis FOR THE FOLLOWING REASONS: -

I live in Canada which is my country of residence and I intend to have the above stated minor
(Patricia Wachia) to come and live with me in Canada.

I am the half-sister (mother’s side) to the 1st Respondent who is undergoing some financial
difficulties and has been unable to take the child to school.
My common law spouse, Douglas Charriere, and I intend to take the child to school and cater for
all her needs as due to her parents’ financial constraints, the child is currently not in school and
her right to education is being infringed, hence the urgency.

Since we are not her biological parents, we have been asked to produce a Guardianship certificate
to enable us to process her travel documents and secure a school.

We therefore pray that this matter be certified as urgent and the orders sought herein be granted as
the same are sought in the best interest of the child herein.

DATED at Mombasa this ………………day of……………………………2019.

OMOLLO ONYANGO & COMPANY

ADVOCATES FOR THE APPLICANT

DRAWN & FILED BY: -

OMOLLO ONYANGO & COMPANY
ADVOCATES
DANICHA PLAZA,3RD FLOOR
MOMBASA- MALINDI HIGHWAY
P.O. BOX 54-80109
MTWAPA.
 REPUBLIC OF KENYA
IN THE TONONOKA CHILDREN’S COURT
AT TONONOKA
GUARDIANSHIP CASE NO. OF 2019

IN THE MATTER OF THE CHILDREN ACT, 2001

-AND-
IN THE MATTER OF: PATRICIA WACHIA- (MINOR)

-AND-

IN THE MATTER OF GUARDIANSHIP OF CHILDREN (PRACTICE AND PROCEDURE)

RULES 2002

-AND-

IN THE MATTER OF AN APPLICATION BY AISHA ALI SAID AND DOUGLAS CHARRIERE

-APPLICANTS

-BETWEEN-

AISHA ALI SAID …………………..…1ST APPLICANT

DOUGLAS CHARRIERE……………...2ND APPLICANT

-VS-

ELKANA MWANGOLA…………………………………….…………1ST RESPONDENT

DORINE AKOTH AMAYO……………………………………………2ND RESPONDENT

SUB COUNTY CHILDREN’S

OFFICER………………………………………………………………3RD RESPONDENT

NOTICE OF MOTION.

(Under Section 73, 102 and Guardian of Children (Practice & Procedure) Rules 2002 and
Sections 88, 112, 114(b) and (g) and 115 of the Children’s Act 2001 and all other enabling
provisions of law)

TAKE NOTICE that this Honourable Court will be moved on the __________ day of
_____________ 2019 at 8.30 o’clock in the forenoon or so soon thereafter as the matter may be
called for the hearing of an application by the Applicant for ORDERS: -
 1. THAT this matter be certified as urgent and service of the same be dispensed with in the
first instance;

2. THAT the Honourable Court be pleased to grant Guardianship certificate to the Applicants
herein appointing them as Legal Guardians to the child PATRICIA WACHIA.

3. THAT cost of this application be in the cause.

WHICH APPLICATION is supported by the Verifying Affidavit and Affidavit of Fitness of the
Applicants herein and the grounds set out hereunder:-

1. The 1ST Applicant is the paternal aunt to the child herein namely PATRICIA WACHIA,
born on 16th November 2012.

2. The 1st Respondent is a half-brother to the Applicant.

3. The 1st and 2nd Respondents are the parents to the child herein.

4. The 1st and 2nd Respondents are going through some financial difficulties and the minor
has had to stay out of school.

5. The 1ST Applicant is employed by Alberta Community and Social Services in Canada as a
Career and Employment Consultant and is married under Canadian Common Law which
is equivalent to the Kenyan Customary Law to Doug Charriere, the 2nd Applicant herein
and a Canadian citizen who works at UFA Co-operative Limited as the Director, Supply
Chain & Pricing in Petroleum. The Applicants wish for the child to join them in Canada
and live with them while catering for all her basic needs including her education, which
action stands to benefit the said minor.

6. Both applicants are fit to be appointed guardians.

7. It is in the best interest of the said minor that the order sought herein be granted.

Dated at MOMBASA this…………………………….day of ……………………………….2019

OMOLLO ONYANGO & COMPANY

ADVOCATES FOR THE APPLICANT

DRAWN & FILED BY: -

OMOLLO ONYANGO & COMPANY
ADVOCATES
DANICHA PLAZA,3RD FLOOR
MOMBASA- MALINDI HIGHWAY
P.O. BOX 54-80109
MTWAPA.

TO BE SERVED UPON:-

ELKANA MWANGOLA
MOMBASA

DORINE AKOTH AMAYO

MOMBASA

SUB COUNTY CHILDREN’S OFFICER

KISAUNI CHILDREN’S OFFICE
MOMBASA
 REPUBLIC OF KENYA
IN THE TONONOKA CHILDREN’S COURT
AT TONONOKA
GUARDIANSHIP CASE NO. OF 2019

IN THE MATTER OF THE CHILDREN ACT, 2001

-AND-
IN THE MATTER OF: PATRICIA WACHIA- (MINOR)

-AND-

IN THE MATTER OF GUARDIANSHIP OF CHILDREN (PRACTICE AND PROCEDURE)

RULES 2002

-AND-

IN THE MATTER OF AN APPLICATION BY AISHA ALI SAID-APPLICANT

-BETWEEN-

AISHA ALI SAID………………………………………………………..……APPLICANT

-VS-

ELKANA MWANGOLA…………………………………….…………1ST RESPONDENT

DORINE AKOTH AMAYO……………………………………………2ND RESPONDENT

SUB COUNTY CHILDREN’S

OFFICER………………………………………………………………3RD RESPONDENT

VERIFYING AFFIDAVIT OF GUARDIAN

I AISHA ALI SAID, holder of the Canadian Passport number GJ197237, a resident of Calgary in
the Republic of Canada do make oath and state as follows:-

1. THAT I am a female adult of sound mind. I annexed herewith a copy of my Passport

marked as “AAS- 1”.

2. THAT I am the Applicant herein, well conversant with the issues in question hence
competent to swear this Affidavit.
 3. THAT the 1st and 2nd Respondents herein are husband and wife and are the parents of the
child herein namely PATRICIA WACHIA, born on 16th November 2012. Annexed hereto
and marked as “AAS-2” is a copy of the child’s Birth certificate.

4. THAT the 1st Respondent is my brother and the 2nd Respondent is his wife.

5. THAT my half-brother and his wife are currently undergoing financial difficulty due to
lack of employment rendering them financially unstable.

6. THAT we have sat down as a family and agreed that I chip in to support them and the only
help I can give currently is to ask for Guardianship of the child and have her travel to
Canada to live with me, where I will take care of her basic needs, including a good
education.

7. THAT I am permanently employed at Alberta Community and Social Services in Canada

as Support Coordinator and legally married to Doug Charriere, also a Canadian citizen who
works at UFA Co-operative Limited as the Director, Supply Chain & Pricing in Petroleum.
I was advised to obtain a Guardianship certificate in order to facilitate the minor travel to
Canada to stay with me since I am not the child’s parent. Annexed herein and marked as
“AAS-3” is a copy of my employment documents together with my husband’s confirming
the same.

8. THAT WE now seek to be appointed guardians in respect of the said child.

9. THAT WE have no interest in the matters in question in this cause adverse to the said child.

10. THAT OUR primary concern is for the welfare and best interest of this child.

11. THAT WE have consented to act as a guardian in respect of the welfare of the said child.

12. THAT WE shall take reasonable steps to safeguard the best interest of the said child.

13. THAT what WE have stated herein is true to the best of my knowledge, information and
belief.

SWORN by the said

AISHA ALI SAID
At CANADA this ……… day of
………………………….2019

BEFORE ME:
……………………………………
DEPONENT
NOTARY OF PUBLIC
DRAWN & FILED BY: -
OMOLLO ONYANGO & COMPANY
ADVOCATES
DANICHA PLAZA,3RD FLOOR
MOMBASA- MALINDI HIGHWAY
P.O. BOX 54-80109
MTWAPA.
REPUBLIC OF KENYA
IN THE TONONOKA CHILDREN’S COURT
AT TONONOKA
GUARDIANSHIP CASE NO. OF 2019

IN THE MATTER OF THE CHILDREN ACT, 2001

-AND-
IN THE MATTER OF: PATRICIA WACHIA- (MINOR)

-AND-

IN THE MATTER OF GUARDIANSHIP OF CHILDREN (PRACTICE AND

PROCEDURE) RULES 2002

-AND-

IN THE MATTER OF AN APPLICATION BY AISHA ALI SAID-APPLICANT

-BETWEEN-

AISHA ALI SAID………………………………………………………..……APPLICANT

-VS-

ELKANA MWANGOLA…………………………………….…………1ST RESPONDENT

DORINE AKOTH AMAYO……………………………………………2ND RESPONDENT

SUB COUNTY CHILDREN’S

OFFICER………………………………………………………………3RD RESPONDENT

AFFIDAVIT OF FITNESS OF A GUARDIAN

I AISHA ALI SAID, holder of the Canadian Passport number GJ197237, a resident of Calgary in
the Republic of Canada do make oath and state as follows:-
 1. THAT I am a female adult of sound mind. I annexed herewith a copy of my Passport
marked as “AAS- 1”.

2. THAT I am the Applicant herein, well conversant with the issues in question hence
competent to swear this Affidavit.

3. THAT I know and verily believe that I am qualified to act as a guardian to PATRICIA
WACHIA.

4. THAT I am permanently employed at Alberta Community and Social Services in Canada

as Support Coordinator and legally married to Doug Charriere, also a Canadian citizen who
works at UFA Co-operative Limited as the Director, Supply Chain & Pricing in Petroleum.

5. THAT I have no interest in the matter in question in this cause adverse to that of the said
guardianship.

6. THAT I consent to the guardianship of the minor aforesaid.

7. THAT I swear this affidavit to support the application now before this Honourable court.

8. THAT what I have stated herein is true to the best of my knowledge, information and belief.

SWORN by the said

AISHA ALI SAID
At CANADA this ……… day of
………………………….2019.

BEFORE ME:
……………………………………
DEPONENT

NOTARY OF PUBLIC

DRAWN & FILED BY: -

OMOLLO ONYANGO & COMPANY
ADVOCATES
DANICHA PLAZA,3RD FLOOR
MOMBASA- MALINDI HIGHWAY
P.O. BOX 54-80109
MTWAPA.
 REPUBLIC OF KENYA
IN THE TONONOKA CHILDREN’S COURT
AT TONONOKA
GUARDIANSHIP CASE NO. OF 2019

IN THE MATTER OF THE CHILDREN ACT, 2001

-AND-
IN THE MATTER OF: PATRICIA WACHIA- (MINOR)

-AND-

IN THE MATTER OF GUARDIANSHIP OF CHILDREN (PRACTICE AND

PROCEDURE) RULES 2002

-AND-

IN THE MATTER OF AN APPLICATION BY AISHA ALI SAID-APPLICANT

-BETWEEN-

AISHA ALI SAID………………………………………………………..……APPLICANT

-VS-

ELKANA MWANGOLA…………………………………….…………1ST RESPONDENT

DORINE AKOTH AMAYO……………………………………………2ND RESPONDENT

SUB COUNTY CHILDREN’S

OFFICER………………………………………………………………3RD RESPONDENT

ORIGINATING SUMMONS

(Under Section 73, 102 and Guardian of Children (Practice & Procedure) Rules 2002 and
Sections 88, 112, 114(b) and (g) and 115 of the Children’s Act 2001 and all other enabling
provisions of law)

LET THE MOMBASA SUB COUNTY CHILDREN’S OFFICER of Post Office Box Number
MOMBASA ,residing within the Republic of Kenya within the shortest time possible upon the
service on them enter appearance in this summons which is issued on the application of AISHA
ALI SIAD of care of P.O Box , for ORDERS:-

1. THAT the Honourable Court be pleased to grant a Joint-Guardianship certificate to the

Applicant herein appointing her the legal Guardian of the child PATRICAI WACHIA.

2. Any further order the Court may deem just and fit to grant.

3. Costs of this application be provided for.

Dated at Mombasa this………………………..day of….. ………………….………….2019

OMOLLO ONYANGO & COMPANY

ADVOCATES FOR THE APPLICANT

DRAWN & FILED BY: -

OMOLLO ONYANGO & COMPANY
ADVOCATES
DANICHA PLAZA,3RD FLOOR
MOMBASA- MALINDI HIGHWAY
P.O. BOX 54-80109
MTWAPA.

TO BE SERVED UPON:-
ELKANA MWANGOLA
MOMBASA

DORINE AKOTH AMAYO

MOMBASA

SUB COUNTY CHILDREN’S OFFICER

KISAUNI CHILDREN’S OFFICE
MOMBASA
 REPUBLIC OF KENYA
IN THE TONONOKA CHILDREN’S COURT
AT TONONOKA
GUARDIANSHIP CASE NO. OF 2019

IN THE MATTER OF THE CHILDREN ACT, 2001

-AND-
IN THE MATTER OF: PATRICIA WACHIA- (MINOR)

-AND-

IN THE MATTER OF GUARDIANSHIP OF CHILDREN (PRACTICE AND

PROCEDURE) RULES 2002

-AND-

IN THE MATTER OF AN APPLICATION BY AISHA ALI SAID-APPLICANT

-BETWEEN-

AISHA ALI SAID………………………………………………………..……APPLICANT

-VS-

ELKANA MWANGOLA…………………………………….…………1ST RESPONDENT

DORINE AKOTH AMAYO……………………………………………2ND RESPONDENT

SUB COUNTY CHILDREN’S

OFFICER………………………………………………………………3RD RESPONDENT

AFFIDAVIT IN SUPPORT

I ELKANA MWANGOLA holder of Kenyan Identity Card No. 26488064 of C/O Post Office
Box Number, MOMBASA within the Republic of Kenya do hereby make oath and state as
follows:-
 1. THAT I am a male adult of sound mind residing and working for gain in Mombasa County.
Annexed herewith and marked as “EM-1” is a copy of my identity card.

2. THAT I am the 1st Respondent herein and therefore competent to swear this affidavit.

3. THAT I have the authority and the consent of the 2nd Respondent to swear this affidavit
on her behalf.

4. THAT the 2nd Respondent and I are husband and wife and are the parents of the child
herein namely PATRICIA WACHIA. Annexed herewith and marked as “EM-2” is a
copy of our Marriage Certificate and my wife’s ID.

5. THAT the child PATRICIA WACHIA is our biological daughter with the 2nd
Respondent.
6. THAT I concur with the averments in the affidavit sworn by AISHA ALI SIAD the
Applicant herein.

7. THAT the 2nd Respondent and I are not opposed to the Applicant being appointed the legal
guardian to the child herein for purposes of travelling with the said child to Canada and
live with her, proving her with Education and all her necessary basic needs.

8. THAT I have read and understood the Application by AISHA ALI SAID and do agree
fully with her that it is in the best interest of the child herein that a certificate of
guardianship and custody orders is awarded as prayed for.

9. THAT what is deponed herein is true to the best of my knowledge, information and belief.

SWORN by the said

ELKANA MWANGOLA
At Mombasa this……………..day of
………………………….2019
)
)
BEFORE ME ....................................
) DEPONENT
)
)
COMMISSIONER FOR OATHS

DRAWN & FILED BY: -

OMOLLO ONYANGO & COMPANY
ADVOCATES
DANICHA PLAZA,3RD FLOOR
MOMBASA- MALINDI HIGHWAY
P.O. BOX 54-80109
MTWAPA.

REPUBLIC OF KENYA
IN THE TONONOKA CHILDREN’S COURT
AT TONONOKA
GUARDIANSHIP CASE NO. OF 2019

IN THE MATTER OF THE CHILDREN ACT, 2001

-AND-
IN THE MATTER OF: PATRICIA WACHIA- (MINOR)

-AND-

IN THE MATTER OF GUARDIANSHIP OF CHILDREN (PRACTICE AND

PROCEDURE) RULES 2002

-AND-

IN THE MATTER OF AN APPLICATION BY AISHA ALI SAID-APPLICANT

-BETWEEN-

AISHA ALI SAID………………………………………………………..……APPLICANT

-VS-

ELKANA MWANGOLA…………………………………….…………1ST RESPONDENT

DORINE AKOTH AMAYO……………………………………………2ND RESPONDENT

SUB COUNTY CHILDREN’S OFFICER…………..………………3RD RESPONDENT

CONSENT.

I DORINE AKOTH AMAYO, the 2nd Respondent herein, do hereby consent and authorize
ELKANA MWANGOLA, being the 1st Respondent herein, to swear the affidavits and documents
in this matter on his own behalf and on my own behalf.

Dated and Mombasa this…………………day of ………………………………………….2019

DORINE AKOTH AMAYO

THE 2ND RESPONDENT IN PERSON
DRAWN & FILED BY: -
OMOLLO ONYANGO & COMPANY
ADVOCATES
DANICHA PLAZA,3RD FLOOR
MOMBASA- MALINDI HIGHWAY
P.O. BOX 54-80109
MTWAPA.