[2008] KEHC 2583 (KLR)
The court found that the applicant is married to the biological mother of the child and that the child already resides with both parents. The adoption would formalize the existing parent-child relationship and resolve issues related to the child's citizenship, which currently complicates travel and other legal...
Source-derived case information.
- Citation
- [2008] KEHC 2583 (KLR)
- Parties
- Applicant: JJG; Respondent: GMJ
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 61 of 2007
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- DA Onyancha
- Legal Topics
- Adoption of Minors, Parental Rights, Citizenship of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JJG
Applicant
GMJ
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be authorized to adopt Baby BNK.
- 2 Whether the adoption is in the best interests of the child given the applicant is married to the biological mother.
- 3 Whether the adoption will resolve citizenship and legal parentage issues.
Ratio Decidendi
The court found that the applicant is married to the biological mother of the child and that the child already resides with both parents. The adoption would formalize the existing parent-child relationship and resolve issues related to the child's citizenship, which currently complicates travel and other legal matters. The court determined that the adoption is in the best interests of the child and that there are no legal impediments to granting the order. Accordingly, the application for adoption was allowed to legalize the relationship and secure the child's status as a Kenyan citizen.
Court Disposition
application allowed
Orders
- The Applicant JJG is hereby authorized to forthwith adopt Baby BNK who henceforth will be known as N J G.
- The Registrar-General is hereby directed to enter this adoption in the Adoption Register.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Adoption Cause 61 of 2007
IN THE MATTER OF B N K – MINOR
JUDGMENT
The applicant JJG seeks authority to adopt Baby BNK. He is a Kenyan citizen who is a businessman in Nairobi. He is married to GMJ who is of Indian nationality and who happens to be the natural mother of the baby.
The material on the record confirm that the child for all purposes already belongs to the applicant except that being a biological mother of the wife of the Applicant who is Indian in nationality, makes the child also hold Indian citizenship with all the difficulties this raises during travel and other circumstances.
It is not surprising then that the applicant wishes to make the child Kenyan.
I have considered the case and I am satisfied that this application should be allowed. The applicant is married to the biological mother of the child and lives with both. For all purposes the child is already that of the applicant. The most logical thing to do is to legalise the relationship. I do so by the following orders.
ORDERS
1. The Applicant JJG is hereby authorized to forthwith adopt Baby BNK who henceforth will be known as N J G.
2. The Registrar-General is hereby directed to enter this adoption in the Adoption Register.
Dated and delivered at Nairobi this 9th day of May, 2008.
…………………………..
D A ONYANCHA
JUDGE