[2024] KEHC 15294 (KLR)
The court found that the applicants had complied with all legal requirements for adoption, including the provision of positive reports from the Children’s Department and other relevant agencies. The court was satisfied, after interviewing the applicants and reviewing the documentation, that the adoption was in the...
Source-derived case information.
- Citation
- [2024] KEHC 15294 (KLR)
- Parties
- Applicant: CMP; Applicant: GIY - CV
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E185 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- 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
CMP
Applicant
GIY - CV
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt Baby BM.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the necessary reports and consents have been obtained.
Ratio Decidendi
The court found that the applicants had complied with all legal requirements for adoption, including the provision of positive reports from the Children’s Department and other relevant agencies. The court was satisfied, after interviewing the applicants and reviewing the documentation, that the adoption was in the best interests of Baby BM. The court further found that the applicants understood their legal responsibilities and that a legal guardian was appropriately appointed. Accordingly, the court allowed the application as prayed.
Court Disposition
application allowed
Orders
- The applicants are authorised to adopt Baby BM, who shall be known as BMV.
- The child is declared a Kenyan citizen by birth.
Full Case Text
Judgment text and source record
23 paragraphs
In re BM (Baby) (Adoption Cause E185 of 2024) [2024] KEHC 15294 (KLR) (Family) (5 December 2024) (Judgment)
Neutral citation: [2024] KEHC 15294 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E185 of 2024
HK Chemitei, J
December 5, 2024
N THE MATTER OF ADOPTION OF BABY BM BY
In the matter of
CMP
1st Applicant
GIY - CV
2nd Applicant
Judgment
1. In their Originating summons dated 24th April 2024 the Applicants prayed for orders that:-(a)The Applicants be authorised to adopt BM to be known as BMV.(b)The child is a Kenyan citizen by birth.(c)The Registrar General be directed to enter the adoption in the Adopted Children Register.(d)The Director of Immigration be authorised to issue the child with a passport.
2. The application is based on the grounds thereof and the statements of the Applicants dated 4th January 2024.
3. When the matter came up before the court on 3rd October 2024 the court directed that a report be prepared by the Children’s Department.
4. I have seen the report dated 14th October 2024 and the same is positive.
5. The court was also able to interview the parties online on 14th November 2024 and they all appreciated their duties and position in law.
6. The court has perused other pleadings on record in support of the application from various agencies and departments and found the same satisfactory.
7. Consequently, the Originating summons is hereby allowed as prayed and further that AKK is hereby appointed as legal guardian.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 5THDAY OF DECEMBER 2024. H K CHEMITEI.JUDGE