Re Anthony Mutenyo (Minor) (Family Cause No. 178 of 2009)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court appointed Franklin Williams and Kimberly Williams as legal guardians of Anthony Mutenyo, a minor orphan. The court held that the child's welfare was of paramount importance under the Children Act, and that the applicants, who had previously successfully fostered and adopted Ugandan children, were suitable guardians with the financial means and experience to care for the child. The grandmother and pastor who had been caring for the child consented to the application, and probation reports recommended the applicants as suitable guardians.

Outcome

Legal guardianship granted to applicants with permission to travel with the child to the United States

Facts

Anthony Mutenyo was a minor orphan who had lost both parents. After their death, he was left in the care of his grandmother Jane Nakhungu, who due to financial constraints entrusted him to Pastor Anthony Bwayo of Walumbe Evangelical Church. The pastor had been caring for the child with financial assistance from the applicants, Franklin Williams and Kimberly Williams, American citizens aged 40 and 42 who were married with seven children. The applicants had previously fostered and adopted two Ugandan children (Sofiat Kyabangi and Nasser Mutaka) in 2007, and in 2009 obtained guardianship of Doreen Nakhungu, Anthony's sister. Both the grandmother and Pastor Bwayo could no longer afford to care for Anthony and consented to the guardianship application. Probation reports from Mayuge District and international adoptive studies conducted by Grace Works Lutheran Services recommended the applicants as suitable guardians.

Issues

1. Whether the order if granted will be for the welfare and in the best interest of the child?
2. Whether the applicants are suitable guardians for the child?

Orders

• The applicants Franklin Williams and Kimberly Williams are appointed legal guardians of the child Anthony Mutenyo.
• The applicants are directed to register the order with the Registrar of Documents, Uganda Registration Services Bureau, Ministry of Justice and Constitutional Affairs, Kampala.
• The applicants are directed to register the order with the United States Embassy in Kampala and the Ugandan Embassy in Washington DC.
• The applicants are permitted to obtain a Ugandan passport for the child and to renew it from time to time as required by law.
• The applicants are permitted to travel out of Uganda with the child in order to fulfill their parental responsibility under Article 34(1) and (2) of the Constitution of Uganda 1995 and sections 4 and 5 of the Children Act.
• The applicants are directed to register the order with the authority responsible for children and family welfare in Mason, Ohio and to make a report once every year regarding the state of welfare and development of the child with the Registrar, Family Division, High Court Kampala, until the child is 18 years of age or until directed otherwise.
• No orders as to costs.

Rules and key headnotes

Legislation cited (11)

• Constitution of Uganda 1995 Article 139(1)
• Constitution of Uganda 1995 Article 34(1)
• Constitution of Uganda 1995 Article 34(2)
• Judicature Act Cap 13 s.14
• Judicature Act Cap 13 s.33
• Children Act Cap 59 s.3
• Children Act Cap 59 s.4
• Children Act Cap 59 s.5
• Children Act Cap 59 First Schedule paragraph 1(b)
• Civil Procedure Act Cap 71 s.98
• Civil Procedure Rules SI 71-1 Order 52 r.1

Cases cited (1)

• In Re Maria Naluggya (An Infant) (High Court Miscellaneous Application No. 775 of 1997)

The original judgment as reported. Read the original PDF before relying on any passage.