[2024] KEHC 319 (KLR)
The court found that the applicants had met all the statutory requirements for adoption as set out in the Children Act. The Department of Children’s Services provided a positive report, and the court was satisfied after interviewing the parties and the minor. The adoption was deemed to be in the best interests of...
Source-derived case information.
- Citation
- [2024] KEHC 319 (KLR)
- Parties
- Applicant: VOL; Applicant: PM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E098 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating summons allowed as prayed; adoption granted; legal guardians appointed; no order as to costs.
- 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
VOL
Applicant
PM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be authorized to adopt Baby TP and have the adoption registered.
- 2 Whether VMK and JKM should be appointed as legal guardians of the minor.
Ratio Decidendi
The court found that the applicants had met all the statutory requirements for adoption as set out in the Children Act. The Department of Children’s Services provided a positive report, and the court was satisfied after interviewing the parties and the minor. The adoption was deemed to be in the best interests of the child, and the appointment of legal guardians was appropriate. Accordingly, the court allowed the application as prayed.
Court Disposition
Originating summons allowed as prayed; adoption granted; legal guardians appointed; no order as to costs.
Orders
- The applicants are authorized to adopt Baby TP, who shall be known as NDT.
- The Registrar General is directed to enter the adoption in the Adoption Register.
Full Case Text
Judgment text and source record
21 paragraphs
In re Adoption of Baby TP (Subject) (Adoption Cause E098 of 2023) [2024] KEHC 319 (KLR) (Family) (25 January 2024) (Judgment)
Neutral citation: [2024] KEHC 319 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E098 of 2023
HK Chemitei, J
January 25, 2024
IN THE MATTER OF BABY TP (SUBJECT)
In the matter of
VOL
1st Applicant
PM
2nd Applicant
Judgment
1. By their Originating Summons dated 30th May 2023 the applicants prayed for the following orders;(a)That they be authorised to adopt Baby TP an infant who is to be known as NDT and the Registrar General be directed to enter this into the Adoption Register of Adoptions.(b)That VMK and JKM be appointed as the legal guardians of the minor who shall be presumed to have been born in Kenya.
2. The application is based on the joint affidavit of the applicants and the annexures thereto.
3. The court has perused the report by the Department of Children’s Services Nairobi county dated 11th October 2023. The same is positive.
4. The court had the opportunity of seeing the parties as well as the minor and interviewing them online on 30th November 2023.
5. In view of the affidavit evidence and other pleadings on record which are all positive the Originating summons herein is allowed as prayed with no order as to costs.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 25TH DAY OF JANUARY 2024. H K CHEMITEI.JUDGE