[2024] KEHC 7391 (KLR)
The court found that the applicant met all legal requirements for adoption under Kenyan law, including the best interests of the child principle. The Director of Children’s Services provided a positive report, and all parties, including the minor, legal guardian, and guardian ad litem, confirmed their understanding...
Source-derived case information.
- Citation
- [2024] KEHC 7391 (KLR)
- Parties
- Applicant: VNN; Respondent: BAN (to be known as SAN); Respondent: Samuel Njoroge Njeri; Respondent: JNM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 149 of 2019
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Minors, Citizenship by Birth, Appointment of Legal Guardian
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
VNN
Applicant
BAN (to be known as SAN)
Respondent
Samuel Njoroge Njeri
Respondent
JNM
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be authorized to adopt the minor BAN and rename her SAN.
- 2 Whether the child should be presumed a Kenyan citizen by birth.
- 3 Whether the Director of Immigration should be authorized to issue the child with a Kenyan passport.
Ratio Decidendi
The court found that the applicant met all legal requirements for adoption under Kenyan law, including the best interests of the child principle. The Director of Children’s Services provided a positive report, and all parties, including the minor, legal guardian, and guardian ad litem, confirmed their understanding and consent. The court was satisfied that the adoption would promote the welfare of the child, and that the applicant was fit to adopt. The orders sought, including presumption of citizenship, issuance of a passport, appointment of a legal guardian, and entry in the Adopted Children Register, were all justified and in the child’s best interests. The guardian ad litem was...
Court Disposition
application allowed
Orders
- The child is presumed a Kenyan citizen by birth.
- The Director of Immigration is authorized to issue the child with a Kenyan passport.
Full Case Text
Judgment text and source record
20 paragraphs
In re Baby AN (Minor) (Adoption Cause 149 of 2019) [2024] KEHC 7391 (KLR) (Family) (20 June 2024) (Judgment)
Neutral citation: [2024] KEHC 7391 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause 149 of 2019
HK Chemitei, J
June 20, 2024
In the matter of
VNN
Applicant
Judgment
1. By her Originating Summons dated 7th October 2019 the Applicant seeks the following orders:-(a)That the child be presumed a Kenyan citizen by birth.(b)That the Director of Immigration be authorised to issue the child with a Kenyan passport.(c)That the Applicant be authorised to adopt BAN to be known as SAN.(d)That Samuel Njoroge Njeri to be appointed as the legal guardian of the child in the event of death or incapacity of the applicant before she is of full age and fully reliant.(e)That the Registrar General be directed to enter in the Adopted Children Register an entry recording adoption.
2. The application is supported by the statement thereof as well as the affidavit of the Applicant dated 7th October 2019.
3. The court on 6th February 2020 directed the Director Children’s Services to prepare a comprehensive report regarding the parties.
4. The said report dated 5th January 2024 has been placed in the court file. The same is positive.
5. When the matter came up for hearing all the parties that is, the Applicant, the minor as well as the legal guardian and the guardian ad litem were present. They each confirmed to the court that they knew their roles as regards the cause.
6. Consequently, and based on the documentary evidence on record and the court interviewing the parties online the Originating Summons is hereby allowed as prayed with no orders as to costs.
7. JNM is hereby discharged from being guardian ad litem.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS20TH DAY OF JUNE 2024. H K CHEMITEIJUDGE