[2024] KEHC 5619 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption, including being declared suitable by the Directorate of Children Services and the child being declared free for adoption by a registered adoption society. The welfare report indicated the child was well cared for and happy...
Source-derived case information.
- Citation
- [2024] KEHC 5619 (KLR)
- Parties
- Applicant: EOO; Applicant: BAO; Respondent: Abandoned Male Infant alias MLM alias BB
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E008 of 2023
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- Application for adoption allowed.
- Judges
- MS Shariff
- Legal Topics
- Adoption of Minors, Child Welfare Reports, Declaration of Adoptability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EOO
Applicant
BAO
Applicant
Abandoned Male Infant alias MLM alias BB
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt the minor.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements for adoption, including being declared suitable by the Directorate of Children Services and the child being declared free for adoption by a registered adoption society. The welfare report indicated the child was well cared for and happy in the applicants' custody. The court observed the child and was satisfied that the adoption would serve the best interests of the child. Accordingly, the court authorized the adoption, directed the change of the child's name, and ordered the Registrar General to make the necessary entry in the adopted children’s register.
Court Disposition
Application for adoption allowed.
Orders
- The applicants EOO and BAO are authorized to adopt the minor abandoned male child MLM alias BB.
- The adopted minor shall henceforth be known as BB.
Full Case Text
Judgment text and source record
11 paragraphs
In re Abandoned Male Infant alias MLM alias BB (Minor) (Adoption Cause E008 of 2023) [2024] KEHC 5619 (KLR) (22 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5619 (KLR)
Republic of Kenya
In the High Court at Kisumu
Adoption Cause E008 of 2023
MS Shariff, J
May 22, 2024
IN THE MATTER OF AN APPLICATION BY: EOO AND BAO – APPLICANTS AND IN THE MATTER OF ADOPTION OF: ABANDONED MALE INFANT alias MLMalias BB - MINOR
Ruling
1,I have considered the originating summons dated 10. 7.2023, the affidavit in support thereof sworn on even date by P D O, the statements in support of the application made by E O O and B A O on even date, the child welfare report dated 7th March, 2024 filed by the Directorate of Children Services Kisumu and I note that the child M L M was declared free for adoption on 3. 4.2019 by the Little Angels Network Case Committee vide serial No. 002078. I have also observed and talked to the child in court and he appears happy and well maintained wherefore I allow the application and I make the following orders:-1. The applicants E O O and B A O are hereby authorized to adopt the minor abandoned male child M L M alias B B.2. The adopted minor shall henceforth be known as B B.3. The Registrar General is hereby directed to make entry of this adoption into the adopted children’s register in accordance with the particulars as shall be set out in the adoption order.4. This file is marked as closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 22ND DAY OF MAY, 2024M. S. SHARIFFJUDGE