[2024] KEHC 7393 (KLR)
The court found that the applicant met all statutory requirements for adoption, including the provision of positive reports from the Department of Children’s Services and the guardian ad litem, and the consent of all relevant parties. The court was satisfied that the adoption was in the best interests of the child,...
Source-derived case information.
- Citation
- [2024] KEHC 7393 (KLR)
- Parties
- Applicant: MWK; Respondent: BWK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E234 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Application allowed as prayed.
- Judges
- HK Chemitei
- Legal Topics
- Adoption Procedure, Child Welfare, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MWK
Applicant
BWK
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be authorized to adopt Baby NK and rename the child Joyce Adele Wanjiru.
- 2 Whether BWK 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 found that the applicant met all statutory requirements for adoption, including the provision of positive reports from the Department of Children’s Services and the guardian ad litem, and the consent of all relevant parties. The court was satisfied that the adoption was in the best interests of the child, that the applicant was fit to adopt, and that the proposed legal guardian was suitable. Accordingly, the court allowed the application as prayed, authorizing the adoption, appointing BWK as legal guardian, and presuming the child was born in Kenya.
Court Disposition
Application allowed as prayed.
Orders
- The applicant is authorized to adopt Baby NK, who shall be known as Joyce Adele Wanjiru.
- The Registrar General is directed to enter this adoption into the Register of Adoptions.
Full Case Text
Judgment text and source record
18 paragraphs
In re Baby NK (Subject) (Adoption Cause E234 of 2023) [2024] KEHC 7393 (KLR) (Family) (20 June 2024) (Judgment)
Neutral citation: [2024] KEHC 7393 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E234 of 2023
HK Chemitei, J
June 20, 2024
In the matter of
MWK
Applicant
Judgment
1. In her Originating summons dated 10th November 2023 the Applicant prays for orders that:-(a)That the Applicant be authorised to adopt Baby NK a child who is to be known as Joyce Adele Wanjiru and the Registrar General be directed to enter this adoption into the Register of Adoptions.(b)That BWK be appointed as the legal guardian of the child.(c)That the child be presumed to be born in Kenya.
2. The application is based on the applicants sworn affidavits and the grounds thereof.
3. When the matter came for hearing on 25th January 2024 the court directed that a report be prepared by the Department of Children’s Services. The said report was prepared and is dated 18th April 2024. The same is positive. There is also a report by the guardian ad litem.
4. The parties appeared in court on 25th April 2024 and upon being interviewed by the court they all consented to the adoption and understood their positions.
5. Taking the totality on the documentary evidence on record the court finds merit in the summons and the same is hereby allowed as prayed with no order as to costs.
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 20THDAY OF JUNE 2024. H K CHEMITEIJUDGE