[2024] KEHC 1272 (KLR)
The court, after reviewing the originating summons, the applicants' statements, and the positive reports from both the Children’s services and the guardian ad litem, found that the applicants met the legal requirements for adoption. The court was satisfied that the adoption was in the best interests of the child,...
Source-derived case information.
- Citation
- [2024] KEHC 1272 (KLR)
- Parties
- Applicant: HKM; Applicant: MWK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E129 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Application allowed as prayed. No order as to costs.
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Minors, Appointment of Legal Guardian, Presumption of Birthplace
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HKM
Applicant
MWK
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be authorized to adopt Baby MA and have the child known as MMK.
- 2 Whether RWM should be appointed as the legal guardian of the child.
- 3 Whether the child should be presumed to have been born in Kenya.
Ratio Decidendi
The court, after reviewing the originating summons, the applicants' statements, and the positive reports from both the Children’s services and the guardian ad litem, found that the applicants met the legal requirements for adoption. The court was satisfied that the adoption was in the best interests of the child, that the applicants were suitable, and that the appointment of RWM as legal guardian was appropriate. The court also found sufficient basis to presume the child was born in Kenya. Accordingly, the orders sought were granted.
Court Disposition
Application allowed as prayed. No order as to costs.
Orders
- The applicants are authorized to adopt Baby MA, who shall be known as MMK.
- The Registrar General is directed to enter this adoption in the Register of Adoptions.
Full Case Text
Judgment text and source record
17 paragraphs
In re Baby MA (Adoption Cause E129 of 2023) [2024] KEHC 1272 (KLR) (Family) (15 February 2024) (Judgment)
Neutral citation: [2024] KEHC 1272 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E129 of 2023
HK Chemitei, J
February 15, 2024
IN THE MATTER OF BABY MA............................SUBJECT AND HKM...........................................1ST APPLICANT MWK...........................................2ND APPLICANT
Judgment
1. In their Originating Summons dated 10th July 2023 the applicants pray for the following orders;(a)That the applicants be authorised to adopt Baby MA a minor who is to be known as MMK and the Registrar General be directed to enter this adoption in the Register of Adoptions.(b)That RWM be appointed as the legal guardian of the child.(c)That the child be presumed to have been born in Kenya.
2. The application is based on the grounds thereof and the statement of the applicants dated the same date.
3. The court had earlier on 21st September 2023 directed that a report be prepared by the Children’s services.
4. The court has perused the said report dated 14 November 2023 which is positive.
5. The court has among other perused the report by the guardian ad litem dated 8th January 2024.
6. Taking the totality of the evidence on record and the court’s opinion after interviewing the parties online, the suit is hereby allowed as prayed with no order as to costs.
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 15TH DAY OF FEBRUARY 2024. H K CHEMITEI.JUDGE