[2024] KEHC 1273 (KLR)
The court, after reviewing the applicant's affidavit, supporting documents, and the positive report from the Children’s Services department, found that the applicant met all legal requirements for adoption under the Children Act. The best interests of the child were served by granting the adoption, renaming the...
Source-derived case information.
- Citation
- [2024] KEHC 1273 (KLR)
- Parties
- Applicant: LNK; Respondent: DWM; Respondent: GMK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E145 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating Summons allowed as prayed.
- Judges
- HK Chemitei
- Legal Topics
- Adoption Procedure, Child Renaming, Citizenship of Adopted Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
LNK
Applicant
DWM
Respondent
GMK
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be allowed to adopt Baby Zawadi Blessing.
- 2 Whether the child should be renamed as SZN.
- 3 Whether the child should be declared a Kenyan citizen by birth and entitled to related rights.
Ratio Decidendi
The court, after reviewing the applicant's affidavit, supporting documents, and the positive report from the Children’s Services department, found that the applicant met all legal requirements for adoption under the Children Act. The best interests of the child were served by granting the adoption, renaming the child, declaring the child a Kenyan citizen by birth, and appointing legal guardians in the event of the applicant's incapacity. The absence of opposition and the positive assessment by the Children’s Services department further supported the grant of the orders sought. The court was satisfied that all statutory and procedural requirements had been met, and thus allowed the...
Court Disposition
Originating Summons allowed as prayed.
Orders
- The applicant LNK is allowed to adopt the child currently identified as Baby Zawadi Blessing.
- The child shall henceforth be known as SZN.
Full Case Text
Judgment text and source record
18 paragraphs
In re Baby ZB (Adoption Cause E145 of 2023) [2024] KEHC 1273 (KLR) (Family) (15 February 2024) (Judgment)
Neutral citation: [2024] KEHC 1273 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E145 of 2023
HK Chemitei, J
February 15, 2024
In the matter of
LNK
Applicant
Judgment
1. In the Originating Summons application dated 3rd July 2023 the applicant prays for the following orders:(a)That the applicant LNK be allowed to adopt the child currently identified as Baby Zawadi Blessing.(b)That henceforth the child be renamed as SZN.(c)That the child’s date and place of birth be declared to be 31st July 2020. (d)That the child be presumed to be a Kenyan citizen by birth and consequently be entitled to all rights and benefits in respect thereof including issuance of a post adoption certificate of birth and passport.(e)That DWM and GMK be appointed as legal guardians of the child in the event that the applicant herein is incapacitated or in any way unable to discharge her parental obligations.(f)That the guardian ad litem be discharged.(g)That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register.
2. The application is based on the applicant’s affidavit and the statement and the annexures therein.
3. The court on 21st September 2023 directed the Children’s Services department to prepare a report which was prepared and the same dated 13th November 2023 is on record.
4. The court has perused the said report which is positive. The court has also had the occasion to see and interview the parties when they appeared on line.
5. Based on the evidence on record the Originating Summons is therefore allowed as prayed with no order as to costs.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 15TH DAY OF FEBRUARY 2024. H K CHEMITEI.JUDGE