[2024] KEHC 321 (KLR)
The court found that the applicants had satisfied all legal requirements for adoption, including the submission of a joint sworn affidavit and the provision of a positive report from the Directorate of Children Services. The applicants appeared before the court and were interviewed, and no adverse information was...
Source-derived case information.
- Citation
- [2024] KEHC 321 (KLR)
- Parties
- Applicant: AKM; Applicant: ZNK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E049 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 Guardians, Child Citizenship, Adoption Register Entries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
AKM
Applicant
ZNK
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be authorised to adopt Baby JG alias JH and rename the child as BMAK.
- 2 Whether RMM and VIM should be appointed as legal guardians of the minor.
- 3 Whether the minor should be presumed to have been born a Kenyan citizen.
Ratio Decidendi
The court found that the applicants had satisfied all legal requirements for adoption, including the submission of a joint sworn affidavit and the provision of a positive report from the Directorate of Children Services. The applicants appeared before the court and were interviewed, and no adverse information was presented. The court determined that the adoption was in the best interests of the child, that the applicants were suitable to adopt, and that the appointment of RMM and VIM as legal guardians was appropriate. The court also found it proper to direct the Registrar General to enter the adoption in the Adoption Register and to presume the minor as a Kenyan citizen.
Court Disposition
Originating Summons allowed as prayed. No order as to costs.
Orders
- The applicants are authorised to adopt Baby JG alias JH, who shall be known as BMAK.
- The Registrar General is directed to enter this adoption into the Adoption Register.
Full Case Text
Judgment text and source record
20 paragraphs
In re Baby JG alias JH (Adoption Cause E049 of 2023) [2024] KEHC 321 (KLR) (Family) (25 January 2024) (Judgment)
Neutral citation: [2024] KEHC 321 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E049 of 2023
HK Chemitei, J
January 25, 2024
IN THE MATTER OF BABY JG ALIAS JH
In the matter of
AKM
1st Applicant
ZNK
2nd Applicant
Judgment
1. The applicants Originating Summons dated 28th March 2023 prays for the following orders;(a)That the applicants be authorised to adopt Baby JG alias JH an infant who is to be known as BMAK and the Registrar General be directed to enter this into the Adoption Register.(b)That RMM and VIM be appointed as the legal guardians of the minor who shall be presumed to have been born a Kenyan citizen.
2. The application is premised on the joint sworn affidavit of the applicants and the annexures thereto.
3. The court has also perused the positive report by the Directorate of Children services dated 11th July 2023.
4. In view of the parties appearing before the court and being interviewed and the positive reports on record, the Originating Summons is hereby allowed as prayed with no order as to costs.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 25TH DAY OF JANUARY 2024H K CHEMITEI.JUDGE