[2024] KEHC 320 (KLR)
The court found that the applicants had satisfied all legal requirements for adoption under the Children’s Act 2001. The child, BP, had been abandoned and was thus eligible for adoption without parental consent. The reports from the Children’s services and the guardian ad litem were positive, confirming that the...
Source-derived case information.
- Citation
- [2024] KEHC 320 (KLR)
- Parties
- Applicant: LNM; Applicant: ACMW; Respondent: BP (Subject)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Judgment Date
- 25 January 2024
- Case Number
- Adoption Cause E007 of 2020
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Children, Dispensation of Consent, Citizenship by Birth
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
LNM
Applicant
ACMW
Applicant
BP (Subject)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be authorized to adopt BP alias Abandoned Baby Girl.
- 2 Whether the requirement for consent to adoption should be dispensed with under Section 158 of the Children’s Act 2001.
- 3 Whether BP should be declared a Kenyan citizen by birth.
Ratio Decidendi
The court found that the applicants had satisfied all legal requirements for adoption under the Children’s Act 2001. The child, BP, had been abandoned and was thus eligible for adoption without parental consent. The reports from the Children’s services and the guardian ad litem were positive, confirming that the adoption would serve the best interests of the child. The court was satisfied that the applicants were suitable adoptive parents and that the appointment of a legal guardian was appropriate. The court also found it proper to declare the child a Kenyan citizen by birth and to order the Registrar General to record the adoption and the child’s estimated date of birth in the Adopted...
Court Disposition
application allowed
Orders
- The child BP alias Abandoned Baby Girl is declared a Kenyan citizen by birth.
- The requirement for consent to the adoption is dispensed with as per Section 158 of the Children’s Act 2001.
Full Case Text
Judgment text and source record
22 paragraphs
In re BP (Subject) (Adoption Cause E007 of 2020) [2024] KEHC 320 (KLR) (Commercial & Admiralty) (25 January 2024) (Judgment)
Neutral citation: [2024] KEHC 320 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Commercial and Admiralty
Adoption Cause E007 of 2020
HK Chemitei, J
January 25, 2024
IN THE MATTER OF B.P (SUBJECT)
In the matter of
LNM
1st Applicant
ACMW
2nd Applicant
Judgment
1. In their Originating Summons dated 17th July 2020 the applicants/plaintiffs pray for the following orders;(a)That this court does declare that the child B.P alias Abandoned Baby Girl a Kenyan citizen by birth.(b)That this court does dispense with the requirements of consent to the adoption as required by the provisions of Section 158 of the Children’s Act 2001. (c)That the applicants LNM and ACM, be authorised to adopt BP alias Abandoned Baby Girl (the child) .(d)Upon making of the adoption order, the child be known as TMM(e)That upon the making of the adoption order EMM be appointed as the legal guardian of the child as provided by the provisions of Section 164 of the Children’s Act 2001. (f)That the Registrar General do make an entry recording the adoption and the estimated date of birth of the child as (witheld) in the Adopted Children Register as provided for by section 170 of the Children’s Act 2001. (g)Costs be in the cause.
2. The application is supported by the sworn affidavit of the applicants dated the same date.
3. This court on 30th June 2022 granted the orders to the guardian ad litem and directed the Children’s services to file their report.
4. The court has perused the report from the Children’s services dated 13th April 2023 which is positive. The report of the guardian ad litem has equally been perused by the court just like all the reports concerning the minor or subject on board.
5. The court was also able to see and interview the parties online on 13th December 2023 including the subject.
6. Taking into consideration the evidence on record this court finds the petition meritorious and the same is hereby allowed with no order as to costs.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 25THDAY OF JANUARY 2024. H K CHEMITEIJUDGE.