[2024] KEHC 1274 (KLR)
The court found that the applicant met all statutory requirements for adoption under Kenyan law. The Director of Children’s Services and other relevant agencies provided positive reports, and the applicant demonstrated understanding of the adoption’s legal and social consequences. The court was satisfied that the...
Source-derived case information.
- Citation
- [2024] KEHC 1274 (KLR)
- Parties
- Applicant: TWM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E181 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Petition allowed. 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
TWM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be allowed to adopt Baby B.
- 2 Whether the child should be renamed EBM and declared a Kenyan citizen by birth.
- 3 Whether AMB should be appointed as legal guardian in the event of the applicant's incapacity.
Ratio Decidendi
The court found that the applicant met all statutory requirements for adoption under Kenyan law. The Director of Children’s Services and other relevant agencies provided positive reports, and the applicant demonstrated understanding of the adoption’s legal and social consequences. The court was satisfied that the adoption was in the best interests of the child, including the renaming, citizenship declaration, appointment of a legal guardian, and updating of the Adopted Children’s Register. Accordingly, the adoption was allowed as prayed, with no order as to costs.
Court Disposition
Petition allowed. No order as to costs.
Orders
- TWM is allowed to adopt the child currently identified as Baby Blessing.
- The child shall henceforth be renamed EBM.
Full Case Text
Judgment text and source record
19 paragraphs
In re Baby B (Adoption Cause E181 of 2023) [2024] KEHC 1274 (KLR) (Family) (15 February 2024) (Judgment)
Neutral citation: [2024] KEHC 1274 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E181 of 2023
HK Chemitei, J
February 15, 2024
IN THE MATTER OF ADOPTION OF BABY B
In the matter of
TWM
Applicant
Judgment
1. In her Originating summons dated 4th September 2023, the applicant prays for the following orders:(a)That TWM be allowed to adopt the child currently identified as Baby Blessing.(b)That the child henceforth be renamed EBM .(c)That the child’s place of birth and date be declared to be 12th November 2020 in Kajiado county.(d)That the child be presumed to be a Kenyan citizen by birth and consequently be entitled to all the rights and benefits thereof.(e)That AMB be appointed as legal guardian of the child in the event that the applicant herein is incapacitated or in any way unable to discharge her parental obligations.(f)The guardian ad litem be discharged.(g)The Registrar General be directed to make appropriate entries in the Adopted Children’s Register.
2. The application is based on the grounds thereof and the statement as well as the sworn affidavit and its annexures thereto.
3. The court further directed the Director Children’s Services to prepare a report in respect to the parties herein. The said report which is positive is dated 22nd January 2024.
4. The court has perused all the pleadings herein from various agencies as well as interviewed the parties when they appeared online on 1st February 2024. They all understood the impact of this adoption procedure and its consequences.
5. In the premises the petition is hereby allowed with no order as to costs.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 15TH DAY OF FEBRUARY 2024H K CHEMITEIJUDGE