[2024] KEHC 2462 (KLR)
The court found that the applicants had complied with all legal requirements for adoption, including the filing of necessary affidavits and statements, and that the Children’s Department and other relevant agencies had provided positive reports regarding their suitability. The court interviewed the applicants and...
Source-derived case information.
- Citation
- [2024] KEHC 2462 (KLR)
- Parties
- Applicant: MMM; Applicant: SWK; Respondent: PGN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E194 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating summons allowed as prayed. No order as to costs.
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Minors, Appointment of Legal Guardian, Child Welfare, Adoption Register
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MMM
Applicant
SWK
Applicant
PGN
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be authorised to adopt Baby A, a minor.
- 2 Whether PGN should be appointed as the legal guardian of the child.
Ratio Decidendi
The court found that the applicants had complied with all legal requirements for adoption, including the filing of necessary affidavits and statements, and that the Children’s Department and other relevant agencies had provided positive reports regarding their suitability. The court interviewed the applicants and the proposed legal guardian, confirming their understanding of their roles and the rights of the child. There was no opposition to the application, and the best interests of the child would be served by granting the adoption and appointing PGN as legal guardian. Accordingly, the originating summons was allowed as prayed.
Court Disposition
Originating summons allowed as prayed. No order as to costs.
Orders
- The applicants are authorised to adopt Baby A, who shall be known as AMM.
- The Registrar General is directed to enter this adoption in the Adoption Register.
Full Case Text
Judgment text and source record
22 paragraphs
In re Baby Azimio aka Lucky (Subject) (Adoption Cause E194 of 2023) [2024] KEHC 2462 (KLR) (Family) (7 March 2024) (Judgment)
Neutral citation: [2024] KEHC 2462 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E194 of 2023
HK Chemitei, J
March 7, 2024
IN THE MATTER OF BABY A AKA L
In the matter of
MMM
1st Applicant
SWK
2nd Applicant
Judgment
1. In their originating summons dated October 5, 2023 the applicants are praying that:-(a)The applicants be authorised to adopt Baby A, a minor who is to be known as AMM and the Registrar General be directed to enter this adoption in the Adoption Register.(b)That PGN be appointed as the legal guardian of the child.
2. The application is based on the affidavits jointly sworn by the Applicants and their statements filed therewith.
3. The court did direct that a report be done by the Children’s Department which was done and placed on record. It is dated February 21, 2024.
4. All the reports from the government and other agencies on record demonstrate that the applicants are deserving the orders sought.
5. The court on February 29, 2024 was able to see and interview the applicants as well as the legal guardians online. They all understood their roles in this matter as well as the rights of the subject.
6. In the premises the originating summons is hereby allowed as prayed with no orders as to costs.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 7TH DAY OF MARCH 2024. H K CHEMITEIJUDGE