[2024] KEHC 7392 (KLR)
The court found that the applicant had complied with all statutory requirements for adoption, including the submission of necessary affidavits and supporting documents. The Department of Children’s Services provided a positive report, and the court personally interviewed the parties, confirming their understanding...
Source-derived case information.
- Citation
- [2024] KEHC 7392 (KLR)
- Parties
- Applicant: AWK; Respondent: PWN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E176 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- originating summons allowed
- 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
AWK
Applicant
PWN
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be authorized to adopt Baby HH and rename the child as THS.
- 2 Whether PWN should be appointed as the legal guardian of the minor presumed to have been born in Kenya.
Ratio Decidendi
The court found that the applicant had complied with all statutory requirements for adoption, including the submission of necessary affidavits and supporting documents. The Department of Children’s Services provided a positive report, and the court personally interviewed the parties, confirming their understanding of the adoption's implications. The court was satisfied that the adoption was in the best interests of the child and that the applicant and proposed legal guardian were suitable. Consequently, the originating summons was allowed, authorizing the adoption and appointment of the legal guardian as prayed.
Court Disposition
originating summons allowed
Orders
- The applicant is authorized to adopt Baby HH, who shall henceforth be known as THS.
- The Registrar General is directed to enter this adoption into the Register of Adoptions.
Full Case Text
Judgment text and source record
18 paragraphs
In re Baby HH (Child) (Adoption Cause E176 of 2023) [2024] KEHC 7392 (KLR) (Family) (20 June 2024) (Judgment)
Neutral citation: [2024] KEHC 7392 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E176 of 2023
HK Chemitei, J
June 20, 2024
In the matter of
AWK
Applicant
Judgment
1. In her Originating summons dated 12th September 2023 the Applicant prays for the following orders:-(a)That the Applicant be authorised to adopt Baby HH an infant and to be known as THS and the Registrar General be directed to enter this adoption into the Register of Adoptions.(b)That PWN be appointed as the legal guardian of the minor who shall be presumed to have been born in Kenya.
2. The application is based on the grounds thereof, the statements and the Applicant’s sworn affidavits and annexures thereto.
3. The court on 16th November 2023 directed the department of Children’s Services to prepare a comprehensive report regarding the parties and the report on record dated 9th February 2024 is positive.
4. The parties appeared before this court on 25th April 2025 and the court was able to see and interview them orally. They all understood the implication of these adoption proceedings.
5. In the premises and based on the documentary evidence on record the originating summons is hereby allowed with no orders as to costs.’
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 20TH DAY OF JUNE 2024. H K CHEMITEIJUDGE