[2024] KEHC 15291 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption under the Children Act, 2022. The Department of Children’s Services provided a positive report regarding the applicants and the welfare of the child. The applicants demonstrated understanding of the adoption process and its...
Source-derived case information.
- Citation
- [2024] KEHC 15291 (KLR)
- Parties
- Applicant: RFR; Applicant: BWM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E173 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Adoption Procedure, Child Welfare, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RFR
Applicant
BWM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption of Baby Abigael Wacu.
- 2 Whether EM should be appointed as the legal guardian in case of death or incapacity of the applicants.
- 3 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 under the Children Act, 2022. The Department of Children’s Services provided a positive report regarding the applicants and the welfare of the child. The applicants demonstrated understanding of the adoption process and its implications. The court was satisfied that the adoption would serve the best interests of Baby Abigael Wacu. Accordingly, the court allowed the application as prayed, appointed EM as legal guardian in the event of the applicants' death or incapacity, and directed the Registrar General to enter the adoption in the Adoption Register.
Court Disposition
application allowed
Orders
- EM is appointed the legal guardian of the child in case of death or incapacity of the applicants.
- The Registrar General is directed to enter this adoption into the Adoption Register.
Full Case Text
Judgment text and source record
23 paragraphs
In re Adoption of Baby AW (Adoption Cause E173 of 2023) [2024] KEHC 15291 (KLR) (Family) (5 December 2024) (Judgment)
Neutral citation: [2024] KEHC 15291 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E173 of 2023
HK Chemitei, J
December 5, 2024
IN THE MATTER OF ADOPTION OF BABY ABIGAEL WACU
In the matter of
RFR
1st Applicant
BWM
2nd Applicant
Judgment
1. In their Originating summons dated 5th September 2023 the Applicants seek the following prayers:-(a)That EM be appointed the legal guardian of the child in case of death or incapacity of the Applicants.(b)That the Registrar General be directed to enter this into the Adoption Register.
2. The application is based on the joint statement by the Applicant and the relevant documentations on record.
3. The court on 25th January 2024 directed that the Department of Children’s Services do avail the report in respect to the Applicants and the minor.
4. The said report dated 29th February 2024 has been placed in the file and it is positive.
5. On 3rd October 2024 the court was able to interview the parties online and they understood the issues herein as well as the implications.
6. In the premises the Originating summons is hereby allowed as prayed.
7. Costs shall be in the cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 5THDAY OF DECEMBER 2024. H K CHEMITEIJUDGE