[2024] KEHC 1996 (KLR)
The court found that the applicant met all legal requirements for adoption, including the submission of a positive report from the Director of Children Services and the guardian ad litem. The applicant and the proposed guardian demonstrated understanding of the adoption process and its consequences. The court was...
Source-derived case information.
- Citation
- [2024] KEHC 1996 (KLR)
- Parties
- Applicant: MNM; Respondent: ELM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E148 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating Summons allowed as prayed. No order as to costs.
- 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
MNM
Applicant
ELM
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be authorized to adopt Baby PA and have the adoption entered into the Register of Adoptions.
- 2 Whether ELM should be appointed as the legal guardian of the minor.
Ratio Decidendi
The court found that the applicant met all legal requirements for adoption, including the submission of a positive report from the Director of Children Services and the guardian ad litem. The applicant and the proposed guardian demonstrated understanding of the adoption process and its consequences. The court was satisfied that the adoption was in the best interests of the child, and that the proposed guardian was suitable. Accordingly, the court allowed the application as prayed, authorizing the adoption of Baby PA (to be known as TN) and appointing ELM as the legal guardian.
Court Disposition
Originating Summons allowed as prayed. No order as to costs.
Orders
- The applicant is authorized to adopt Baby PA, who shall be known as TN.
- The Registrar General is directed to enter this adoption into the Register of Adoptions.
Full Case Text
Judgment text and source record
19 paragraphs
In re Baby PA (Adoption Cause E148 of 2023) [2024] KEHC 1996 (KLR) (Family) (29 February 2024) (Judgment)
Neutral citation: [2024] KEHC 1996 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E148 of 2023
HK Chemitei, J
February 29, 2024
IN THE MATTER OF BABY P A
In the matter of
MNM
Applicant
Judgment
1. The applicant’s Originating summons dated 17th July 2023 prays for orders that:(a)The applicant be authorised to adopt Baby PA an infant who is to be known as TN and the Registrar General be directed to enter this adoption into the Register of Adoptions.(b)That ELM be appointed as the legal guardian of the minor who shall be presumed to have been born in Kenya.
2. The application is based on the grounds thereof and the applicants sworn affidavit and the annexures thereto.
3. The court directed the Director Children’ Services to prepare a report which they have done so and is filed herein dated 26th January 2024. The same is positive.
4. The court has perused the guardian ad litems report as well and the entire pleadings on record. The court was also in a position to see and interview the parties on 1st February, 2024 and they all appreciated the processes and the consequences herein.
5. In view of the above observations the Originating Summons is hereby allowed as prayed with no orders as to costs.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 29TH DAY OF FEBRUARY 2024. H K CHEMITEI.JUDGE