[2024] KEHC 1276 (KLR)
The court found that the applicant had complied with all statutory requirements for adoption, including the provision of a comprehensive and positive report from the Director of Children’s Services. The supporting pleadings and reports from authorised agencies demonstrated that the adoption was in the best interests...
Source-derived case information.
- Citation
- [2024] KEHC 1276 (KLR)
- Parties
- Applicant: RWK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E224 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- petition allowed as prayed
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Minors, Appointment of Legal Guardians
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RWK
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be authorised to adopt Baby P.H and have the child known as J.P.K.
- 2 Whether M.W.K should be appointed as the legal guardian of the minor.
- 3 Whether the adoption should be entered into the Adoption Register and the child presumed to have been born in Kenya.
Ratio Decidendi
The court found that the applicant had complied with all statutory requirements for adoption, including the provision of a comprehensive and positive report from the Director of Children’s Services. The supporting pleadings and reports from authorised agencies demonstrated that the adoption was in the best interests of the child. There was no opposition to the application, and the court was satisfied that the applicant was suitable to adopt the minor. Accordingly, the court allowed the petition as prayed, authorising the adoption, appointing M.W.K as legal guardian, and directing the Registrar General to enter the adoption in the Adoption Register.
Court Disposition
petition allowed as prayed
Orders
- The applicant is authorised to adopt Baby P.H, who shall be known as J.P.K.
- M.W.K is appointed as the legal guardian of the minor.
Full Case Text
Judgment text and source record
17 paragraphs
In re Baby PH (Adoption Cause E224 of 2023) [2024] KEHC 1276 (KLR) (Family) (15 February 2024) (Judgment)
Neutral citation: [2024] KEHC 1276 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E224 of 2023
HK Chemitei, J
February 15, 2024
In the matter of
RWK
Applicant
Judgment
1. The applicants Originating summons dated 30th October 2023 prays for orders that:(a)The applicant be authorised to adopt Baby P. H an infant who is to be known as J.P.K and the Registrar General be directed to enter this adoption into the Adoption Register.(b)and M.W.K be appointed as the legal guardians of the minor who shall be presumed to have been born in Kenya.
2. The application is based on the statement and the annexed affidavit of the applicant and the annexures thereto.
3. The court issued directives that the Director Children’s Services does prepare its comprehensive report concerning the parties. The same dated 30th January 2024 has been perused by the court and it is noted that it is positive.
4. In view of the circumstances herein and the supporting pleadings from various authorised agencies on record, the petition is hereby allowed as prayed with no orders as to costs.
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 15TH DAY OF FEBRUARY 2024. H K CHEMITEIJUDGE