[2024] KEHC 15290 (KLR)
The court found that the applicant had complied with all statutory requirements for adoption, including the filing of the necessary documents, the positive report from the Children’s Department, and the oral examination of all parties, including the minor and proposed legal guardians. The court was satisfied that...
Source-derived case information.
- Citation
- [2024] KEHC 15290 (KLR)
- Parties
- Applicant: CWM; Respondent: PM; Respondent: EW
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E241 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating summons allowed as prayed.
- Judges
- HK Chemitei
- Legal Topics
- Adoption Procedure, Child Citizenship, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
CWM
Applicant
PM
Respondent
EW
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be authorised to adopt Baby NH.
- 2 Whether PM and EW should be appointed as legal guardians in the event of the applicant's death.
- 3 Whether the child should be presumed a Kenyan citizen by birth.
Ratio Decidendi
The court found that the applicant had complied with all statutory requirements for adoption, including the filing of the necessary documents, the positive report from the Children’s Department, and the oral examination of all parties, including the minor and proposed legal guardians. The court was satisfied that the adoption was in the best interests of the child, that the applicant was suitable, and that the legal guardians understood their roles. The court therefore allowed the application as prayed, authorising the adoption, appointing the legal guardians, directing the Registrar General to record the adoption, presuming the child to be a Kenyan citizen by birth, and authorising the...
Court Disposition
Originating summons allowed as prayed.
Orders
- The applicant is authorised to adopt Baby NH, to be known as NA.
- PM and EW are appointed legal guardians of the minor in the event of the applicant's death before the child is of full age and self-reliant.
Full Case Text
Judgment text and source record
20 paragraphs
In re Adoption of Baby NH (Adoption Cause E241 of 2023) [2024] KEHC 15290 (KLR) (Family) (5 December 2024) (Judgment)
Neutral citation: [2024] KEHC 15290 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E241 of 2023
HK Chemitei, J
December 5, 2024
IN THE MATTER OF ADOPTION OF BABY NOELLA HEDIYE
In the matter of
CWM
Applicant
Judgment
1. In her Originating summons dated 31st October 2023 the Applicant is seeking orders that:-(a)The Applicant be authorised to adopt Baby NH to be known as NA.(b)PM and EW be appointed legal guardians of the minor in the event of death of the applicant before she is of full age and fully self-reliant.(c)The Registrar General be directed to enter in the Adoption Register an entry recording the adoption.(d)The child be presumed to be a Kenyan citizen by birth.(e)The Director of Immigration be authorised to issue the child with a Kenyan passport.
2. The application is based on the Applicant’s statement and the supporting affidavit.
3. The court on 18th November 2023 directed that a report be prepared by the Children’s Department. The said report dated 9th July 2024 was filed and the court upon perusal has confirmed it to be positive.
4. On 26th September 2024 all the parties appeared in court online including the minor and the court was able to orally examined them. They all understood their role including the legal guardians.
5. Consequently and in view of the documentary evidence on record the originating summons is hereby allowed as prayed.
6. Costs shall be in the cause.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 5THDAY OF DECEMBER 2024. H K CHEMITEIJUDGE