[2024] KEHC 15819 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children’s Act, 2022. The positive reports from the Children’s Department and other agencies, as well as the court’s own observations and interviews with all parties, confirmed that the adoption was in the best...
Source-derived case information.
- Citation
- [2024] KEHC 15819 (KLR)
- Parties
- Applicant: Paul Edwin Muchangi Mugai; Applicant: Magdaline Wamahiga Mwai
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E186 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed as prayed
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Children, Dispensation of Parental Consent, Appointment of Legal Guardians
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Edwin Muchangi Mugai
Applicant
Magdaline Wamahiga Mwai
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt Baby NN alias FW B1.
- 2 Whether the consent of the biological parents should be dispensed with.
- 3 Whether the child should be declared a Kenyan citizen by birth and issued with a Kenyan passport.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children’s Act, 2022. The positive reports from the Children’s Department and other agencies, as well as the court’s own observations and interviews with all parties, confirmed that the adoption was in the best interests of the child. The court was satisfied that the consent of the biological parents could be dispensed with, and that the appointment of legal guardians was appropriate. Accordingly, the court allowed the application as prayed, granting all orders sought by the applicants.
Court Disposition
application allowed as prayed
Orders
- The applicants are authorized to adopt Baby NN alias FW B1.
- The child shall henceforth be known as SWM.
Full Case Text
Judgment text and source record
26 paragraphs
In re Baby NN alias FW B1 (Adoption Cause E186 of 2024) [2024] KEHC 15819 (KLR) (Family) (16 December 2024) (Judgment)
Neutral citation: [2024] KEHC 15819 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E186 of 2024
HK Chemitei, J
December 16, 2024
IN THE MATTER OF CHILDREN’S ACT, 2022
AND
IN THE MATTER OF BABY NORA NEEMA alias FAITH WAMBUI B1
In the matter of
Paul Edwin Muchangi Mugai
1st Applicant
Magdaline Wamahiga Mwai
2nd Applicant
Judgment
1. In their Originating summons dated 2nd September 2024 the Applicants are seeking orders that:-(a)They be allowed to adopt BABY NN alias FW BI.(b)That the child be henceforth called SWM.(c)That the child’s birth be declared to be 9th December 2022 and her place of birth be declared to be Kiambu County.(d)The child be declared a Kenyan citizen by birth and be issued with a Kenyan passport.(e)The consent of biological parents be dispensed with.(f)The guardian ad litem be discharged and RNM AND JWN be appointed legal guardians.(g)The Registrar General be directed to make appropriate entries in the Adopted Children’s Register.
2. The application is based on the grounds thereof and the Applicants’ joint statements in support dated the same date.
3. When the matter came on 30th October 2024 the court directed the Children’s Department to prepare a report which they did and it is dated 21st November 2024.
4. The said report is positive and has no adverse comments against the adoption process herein.
5. The court on 28th November 2024 was also able to see and interview all the parties online including the legal guardians and they all understood their roles.
6. The minor was as well brought to the court together with her twin sister.
7. In view of the above observations, the paper trail on record from different agencies all in support of the adoption, this court finds it meritorious and the Originating summons herein is allowed as prayed.
8. Costs in the cause.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS16TH DAY OF DECEMBER 2024. H K CHEMITEIJUDGE