[2024] KEHC 16329 (KLR)
The court found that the applicants met all statutory requirements for adoption under the Children Act, 2022. The Director of Children’s Services provided a positive report, and the applicants, as well as the proposed legal guardians, were interviewed and found suitable. The court determined that the adoption was in...
Source-derived case information.
- Citation
- [2024] KEHC 16329 (KLR)
- Parties
- Applicant: John Mwangi Njoroge; Applicant: Leah Njoki Njoroge; Respondent: CKM; Respondent: NNK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E075 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating summons allowed; adoption granted with modification on legal guardianship.
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Minors, Appointment of Legal Guardians, Registration of Adopted Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mwangi Njoroge
Applicant
Leah Njoki Njoroge
Applicant
CKM
Respondent
NNK
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be authorized to adopt Baby AS alias A.
- 2 Whether Baby AS alias A is a Kenyan citizen eligible for adoption.
- 3 Who should be appointed as legal guardians of the minor upon adoption.
Ratio Decidendi
The court found that the applicants met all statutory requirements for adoption under the Children Act, 2022. The Director of Children’s Services provided a positive report, and the applicants, as well as the proposed legal guardians, were interviewed and found suitable. The court determined that the adoption was in the best interests of the child, who is a Kenyan citizen. The legal guardianship was assigned to CKM and NNK, as they were found appropriate to act in that capacity. The court therefore allowed the originating summons and granted the orders sought, with the modification regarding the appointment of legal guardians.
Court Disposition
Originating summons allowed; adoption granted with modification on legal guardianship.
Orders
- John Mwangi Njoroge and Leah Njoki Njoroge are authorized to adopt Baby AS alias A.
- Baby AS alias A is declared a Kenyan citizen.
Full Case Text
Judgment text and source record
21 paragraphs
In re Adoption of Baby AS alias A (Adoption Cause E075 of 2024) [2024] KEHC 16329 (KLR) (Family) (5 December 2024) (Judgment)
Neutral citation: [2024] KEHC 16329 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E075 of 2024
HK Chemitei, J
December 5, 2024
IN THE MATTER OF ADOPTION OF BABY AS alias A
In the matter of
John Mwangi Njoroge
1st Applicant
Leah Njoki Njoroge
2nd Applicant
Judgment
1. In their Originating summons dated 25th March 2024 the Applicants pray that:-(a)JMN and LNN be authorised to adopt Baby AS alias A the minor.(b)The child Baby AS alias A is a Kenyan citizen.(c)That the Registrar General be directed to enter the name of the child in the Adopted children register in the prescribed form and to issue a certificate to that effect.(d)That JMN and LNN be appointed as legal guardians.
2. The court on 2nd May 2024 directed that a report be prepared by the Director of Children’s Services which is on record and it is dated 4th July 2024. The same is positive.
3. The parties appeared in court albeit online and the court was able to interview them together with the legal guardians.
4. In the premises the Originating Summons is allowed save to add that the legal guardians shall be CKM and NNK.
5. Costs shall be in the cause.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 5THDAY OF DECEMBER 2024. H K CHEMITEIJUDGE