[2024] KEHC 16005 (KLR)
The court found that the applicants, EAAO and AJF, satisfied all statutory requirements for a kinship adoption under the Children Act, 2022. The supporting affidavit, child welfare report, and oral submissions established that the adoption was in the best interests of the minor, LM. The court was satisfied that the...
Source-derived case information.
- Citation
- [2024] KEHC 16005 (KLR)
- Parties
- Applicant: EAAO; Applicant: AJF
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E006 of 2022
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption granted
- Judges
- MS Shariff
- Legal Topics
- Kinship Adoption, Adoption Procedure, Child Welfare, Adopted Children Register
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EAAO
Applicant
AJF
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants should be authorized to adopt the minor LM as a kinship adoption.
- 2 Whether the minor LM should be presumed to have been born in Kenya on 6th October, 2009.
- 3 Whether the Registrar General should make an entry of this adoption in the Adopted Children’s Register.
Ratio Decidendi
The court found that the applicants, EAAO and AJF, satisfied all statutory requirements for a kinship adoption under the Children Act, 2022. The supporting affidavit, child welfare report, and oral submissions established that the adoption was in the best interests of the minor, LM. The court was satisfied that the applicants were suitable adoptive parents and that the adoption would promote the welfare and stability of the child. The court further found it appropriate to order the registration of the adoption, the presumption of Kenyan birth for the minor, and the issuance of a Kenyan passport, thereby securing the child’s legal status and rights. Accordingly, the adoption was granted...
Court Disposition
adoption granted
Orders
- The applicants EAAO and AJF are authorized to adopt LM (minor).
- The minor shall henceforth be called LM.
Full Case Text
Judgment text and source record
10 paragraphs
In re Baby LM (Adoption Cause E006 of 2022) [2024] KEHC 16005 (KLR) (18 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16005 (KLR)
Republic of Kenya
In the High Court at Kisumu
Adoption Cause E006 of 2022
MS Shariff, J
December 18, 2024
Ruling
1. Upon consideration of the amended originating summons dated 12th April 2024, the supporting affidavit sworn by EAA on even date, the enclosures thereto, and the child welfare report, and upon hearing the Applicants who are present virtually, and upon further hearing Ms. Karuga Counsel for the applicants I do find that this application is well merited as it is a kinship adoption, I thus make the following orders:-1. The Applicants EAAO and AJF are hereby authorized to adopt LM (minor).2. The minor shall henceforth be called LM.3. The Registrar General is hereby ordered to make an entry of this adoption in the Adopted Children’s Register.4. The child LM is hereby presumed to have been born in Kenya on 6th October, 2009. 5.The Director General of Immigration Services is hereby ordered to issue the minor LM with a Kenyan Passport forthwith.6. This file is marked as closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 18TH DAY OF DECEMBER, 2024. M. S. SHARIFFJUDGE