[2024] KEHC 2461 (KLR)
The court found that the applicant met all legal requirements for adoption, including the submission of positive reports from the children’s department and other agencies, and that there were no adverse comments against the applicant. The court emphasized that the best interests of the child were paramount and that...
Source-derived case information.
- Citation
- [2024] KEHC 2461 (KLR)
- Parties
- Applicant: RSC
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E159 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- originating summons allowed as prayed
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Minors, Best Interests of Child, Citizenship of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RSC
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be authorized to adopt the minor MFB a.k.a MB a.k.a DMM Kehr.
- 2 Whether a presumption order should issue declaring the minor a citizen of Kenya.
- 3 Whether the best interests of the child are served by the adoption.
Ratio Decidendi
The court found that the applicant met all legal requirements for adoption, including the submission of positive reports from the children’s department and other agencies, and that there were no adverse comments against the applicant. The court emphasized that the best interests of the child were paramount and that the peculiar circumstances, including the applicant’s age, had been adequately addressed. The court was satisfied that the adoption would serve the welfare of the child, and therefore allowed the application as prayed, including the presumption of citizenship, change of name, and entry in the Adopted Children Register.
Court Disposition
originating summons allowed as prayed
Orders
- A presumption order is issued that the minor MFB a.k.a MB a.k.a DMM Kehr is a citizen of Kenya.
- The applicant is authorized to adopt MFB a.k.a MB a.k.a DMM Kehr.
Full Case Text
Judgment text and source record
22 paragraphs
In re Baby MFB (Minor) (Adoption Cause E159 of 2023) [2024] KEHC 2461 (KLR) (Family) (7 March 2024) (Judgment)
Neutral citation: [2024] KEHC 2461 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E159 of 2023
HK Chemitei, J
March 7, 2024
In the matter of
RSC
Applicant
Judgment
1. In her originating summons dated May 12, 2023 the applicant prays for the following orders:-(a)Spent(b)Spent(c)Spent(d)That a presumption order do issue that the minor M FB a.k.a MB a.k.a DMM Kehr is a citizen of Kenya.(e)That the applicant be authorised to adopt M FB a.k.a MB a.k.a DMM Kehr the child.(f)That upon adoption the child be known as DMM Kehr.(g)That the registrar general make an entry in the Adopted Children Register of this adoption in accordance with the adoption order herein.
2. The application is supported by the applicant’s statement thereof and the sworn affidavit dated May 12, 2023.
3. The court on October 26, 2023 allowed the chamber summons application appointing the guardian ad litem and directed that a report be prepared by the children’s department.
4. When the matter came up for hearing all the parties presented themselves online and the court was able to interview or interrogate them.
5. The court has equally perused the report dated November 6, 2023 from the children’s department and in particular the peculiar circumstances namely the issue of the applicants age. This court agrees with the reasoning of the said officers and that the interest of the child was paramount. The report is otherwise positive.
6. The court has equally perused the other supporting documentation from the other agencies which have no adverse comments against the applicant.
7. Consequently, and putting the best interest of the child into perspective the originating summons herein is hereby allowed as prayed.
8. PNK is hereby discharged as guardian ad litem.
9. Costs in the cause.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 7THDAY OF MARCH 2024. H K CHEMITEIJUDGE