[2024] KEHC 2460 (KLR)
The court found that the applicant had complied with all statutory requirements for adoption, including the filing of the necessary documents and the provision of satisfactory reports from the Director of Children’s Services and other relevant agencies. The court conducted an oral interview with the parties,...
Source-derived case information.
- Citation
- [2024] KEHC 2460 (KLR)
- Parties
- Applicant: RWM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E058 of 2021
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Adoption Procedure, Child Citizenship, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RWM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be authorised to adopt the child DW.
- 2 Whether the child should be known as EMM upon adoption.
- 3 Whether the Registrar General should enter the adoption in the Adoption Register.
Ratio Decidendi
The court found that the applicant had complied with all statutory requirements for adoption, including the filing of the necessary documents and the provision of satisfactory reports from the Director of Children’s Services and other relevant agencies. The court conducted an oral interview with the parties, including the minor, and was satisfied that the adoption was in the best interests of the child. The court therefore authorised the adoption, directed that the child be known as EMM, ordered the Registrar General to enter the adoption in the Adoption Register, and declared the child to be presumed a Kenyan citizen by birth. Additionally, AWW was appointed as the legal guardian of the...
Court Disposition
application allowed
Orders
- The applicant is authorised to adopt DW, who shall henceforth be known as EMM.
- The Registrar General is directed to enter this adoption in the Adoption Register.
Full Case Text
Judgment text and source record
19 paragraphs
In re DW (Baby) (Adoption Cause E058 of 2021) [2024] KEHC 2460 (KLR) (Family) (7 March 2024) (Judgment)
Neutral citation: [2024] KEHC 2460 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E058 of 2021
HK Chemitei, J
March 7, 2024
In the matter of
RWM
Applicant
Judgment
1. By her Originating summons dated 20th May 2021 the Applicant prays for the following orders:-(a)That the applicant be authorised to adopt DW, the child herein.(b)That upon adoption the child be known as EMM.(c)That the Registrar General be directed to enter this adoption in the Adoption Register.(d)That the child be presumed to be a Kenyan citizen by birth.
2. The application is based on the annexed statement and the affidavit of the applicant.
3. The court directed that a report be prepared by the Director Children’s Services which was prepared and its dated 8th December 2022. There is a further supplementary report dated 4th October 2023.
4. In view of the reports on record from various agencies and the government and the oral interview conducted by the court when the parties including the minor appeared before court I do find the application merited.
5. The Originating summons is allowed and AWW is hereby appointed as the legal guardian of the minor.
6. Costs shall be in the cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 7THDAY OF MARCH 2024. H K CHEMITEIJUDGE