[2024] KEHC 13113 (KLR)
The court found that the applicant met all legal requirements for adoption, including the provision of a positive report from the Children’s Department confirming suitability. The court was satisfied that the adoption was in the best interests of the child and that the proposed legal guardians were appropriate....
Source-derived case information.
- Citation
- [2024] KEHC 13113 (KLR)
- Parties
- Applicant: RKG; Respondent: EKM; Respondent: TMN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E017 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Application allowed as prayed.
- 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
RKG
Applicant
EKM
Respondent
TMN
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be authorized to adopt Baby AB and have the child known as PM.
- 2 Whether EKM and TMN should be appointed as legal guardians of the minor.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant met all legal requirements for adoption, including the provision of a positive report from the Children’s Department confirming suitability. The court was satisfied that the adoption was in the best interests of the child and that the proposed legal guardians were appropriate. Accordingly, the application was allowed as prayed, authorizing the adoption and appointment of legal guardians.
Court Disposition
Application allowed as prayed.
Orders
- The applicant is authorized to adopt Baby AB, who shall be known as PM.
- 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 Baby AB (Adoption Cause E017 of 2024) [2024] KEHC 13113 (KLR) (Family) (31 October 2024) (Judgment)
Neutral citation: [2024] KEHC 13113 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E017 of 2024
HK Chemitei, J
October 31, 2024
IN THE MATTER OF ADOPTION OF BABY AB
In the matter of
RKG
Applicant
Judgment
1. In her Originating summons dated 31st January 2024 the Applicant prays for orders that:-(a)The Applicant be authorized to adopt AB an infant who is to be known as PM and the Registrar General be directed to enter this in the Adoption Register.(b)That EKM and TMN 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 grounds thereof and the sworn affidavit and the statement by the Applicant dated the same date.
3. When the matter came up in court on 15th February 2024 the court directed that a report be prepared by the Children’s Department on the suitability or otherwise of the Applicant.
4. There is a report dated 25th May 2024 to that effect and the same is positive.
5. The parties appeared before this court on 31st October 2024 and the court was able to see and interview them online.
6. Based on the supporting documentary evidence on record and specifically the report from the Children’s Department stated above I do find merit in the application and the same is hereby allowed as prayed.
7. Costs shall be in the cause.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 31ST DAY OF OCTOBER 2024. H K CHEMITEIJUDGE