[2024] KEHC 8582 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption, including the filing of necessary affidavits, appointment of a guardian ad litem, and the submission of a positive report from the Children’s Department confirming their suitability. The court interviewed the parties and...
Source-derived case information.
- Citation
- [2024] KEHC 8582 (KLR)
- Parties
- Applicant: MMM; Applicant: PMM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E095 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating summons allowed as prayed.
- Judges
- HK Chemitei
- Legal Topics
- Adoption Procedure, Child Welfare, Guardianship, Citizenship of Minors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MMM
Applicant
PMM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants are fit and suitable to adopt Baby SAM.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether all statutory requirements for adoption have been met.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements for adoption, including the filing of necessary affidavits, appointment of a guardian ad litem, and the submission of a positive report from the Children’s Department confirming their suitability. The court interviewed the parties and was satisfied that they understood the process and its implications. The adoption was found to be in the best interests of the child, and the orders sought were granted, including the change of the child’s name, appointment of a legal guardian, and registration of the child as a Kenyan citizen.
Court Disposition
Originating summons allowed as prayed.
Orders
- PMM is appointed as guardian ad litem.
- The Director of Children’s Department to investigate the applicants’ fitness to adopt and file a report.
Full Case Text
Judgment text and source record
23 paragraphs
In re Baby SAM (Minor) (Adoption Cause E095 of 2023) [2024] KEHC 8582 (KLR) (Family) (11 July 2024) (Judgment)
Neutral citation: [2024] KEHC 8582 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E095 of 2023
HK Chemitei, J
July 11, 2024
IN THE MATTTER OF BABY SAM (MINOR)
In the matter of
MMM
1st Applicant
PMM
2nd Applicant
Judgment
1. In their Originating summons dated 11th August 2023 the Applicant prays for orders that:-(a)PMM be appointed as guardian ad litem.(b)That the Director children’s department investigates the Applicant’s fitness to adopt and file a report.(c)That the Applicants be authorised to adopt Baby SAM to be known as SAMM.(d)That MWM be appointed the legal guardian of the child.(e)That the Registrar General be ordered to enter the child’s name in the Adoption Register.(f)That the child be considered a Kenyan citizen.
2. The application is based on the grounds thereof and the Applicants sworn affidavits.
3. The court on 29th June 2023 directed that reports be prepared by the Children’s Department concerning the suitability or otherwise of the applicants to be allowed to adopt.
4. The said report dated 6th November 2023 is on record and it is positive.
5. The parties attended court on 21st March 2024 and the court was able to see and interview them orally online. They all agreed that they understood the entire process and the implication.
6. Consequently, and looking at the documentary evidence on board this court finds merits in the Originating summons and it is hereby allowed as prayed.
7. Costs in the cause.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 11THDAY OF JULY 2024. H K CHEMITEIJUDGE