[2023] KEHC 24508 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption, including having custody and care of the child for the requisite period, and that the child had been declared free for adoption by a registered adoption society. The Children’s Officer’s report was favorable, and the...
Source-derived case information.
- Citation
- [2023] KEHC 24508 (KLR)
- Parties
- Applicant: HMK; Applicant: MWG
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 6 of 2019
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- originating summons allowed as prayed
- Judges
- M Muya
- Legal Topics
- Adoption Procedure, Child Best Interests, Abandoned Children, Citizenship by Birth
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HMK
Applicant
MWG
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants are suitable to adopt Baby JB.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the child should be declared a Kenyan citizen by birth.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption, including having custody and care of the child for the requisite period, and that the child had been declared free for adoption by a registered adoption society. The Children’s Officer’s report was favorable, and the applicants were found to be suitable and capable of providing for the child’s welfare. The adoption was determined to be in the best interests of the child, who had been abandoned and was in need of a permanent family. The court therefore allowed the application, declared the child a Kenyan citizen by birth, authorized the adoption, appointed a legal guardian, and directed the Registrar...
Court Disposition
originating summons allowed as prayed
Orders
- The child is declared a Kenyan citizen by birth.
- The applicants are authorized to adopt Baby JB, to be known as LKM.
Full Case Text
Judgment text and source record
24 paragraphs
In re Baby JB (Adoption Cause 6 of 2019) [2023] KEHC 24508 (KLR) (2 November 2023) (Ruling)
Neutral citation: [2023] KEHC 24508 (KLR)
Republic of Kenya
In the High Court at Nyeri
Adoption Cause 6 of 2019
M Muya, J
November 2, 2023
In the matter of
HMK
1st Applicant
MWG
2nd Applicant
Ruling
1. That the child be declared a Kenya citizen by birth.
2. That the applicants be authorized to adopt Baby JB to be known as LKM.
3. That CMI be appointed as the legal Guardian of the child in the event of the death or incapacity of the applicant before he is of full age and fully self-reliant.
4. That the Registrar General be directed to enter in the Adopted Children Register an entry recording the adoption.
5. That the court be pleased to make any further orders it deems necessary. The child was found abandoned along the Nyeri- Nanyuki road near Joji Shopping Centre and taken to Ichunga Police Post. It was referred to Neema House Infant Centre Nanyuki.
6. On 30th August 2016 the Children’s Court at Karatina Commuted the child into the Custody and Protection of Neema House Infant Rescue Centre.
7. The child was later declared free for adoption by change Trust Adoption Society.
8. The applicants have had care and control of the child for more than three months. The first applicant is a businessman while the second is a house keeper at [Particulars withheld] College.
9. These is filed before the Court at Children’s Officers Report.
10. I have perused the report which I find to be favourable for the adoption. I find that the applicants are suitable for the adoption of the child. It would be in the child’s best interests for this adoption. The originating summons dated the 25th day of July 2019 is hereby allowed as prayed.
RULING READ AND DELIVERED IN OPEN COURT THIS 2ND DAY OF NOVEMBER , 2023. HON. JUSTICE M. MUYAJUDGEIn the presence of:Kamenju 1st Applicant…………………………….2nd ApplicantCourt Assistant: Kinyua30 days R/A.