[2023] KEHC 17507 (KLR)
The court found that the applicants, being a married couple with the support of a legal guardian, satisfied all statutory requirements for adoption under the Children.s Act. The Children department and relevant authorities confirmed the applicants' suitability and the minor's eligibility for adoption. The court...
Source-derived case information.
- Citation
- [2023] KEHC 17507 (KLR)
- Parties
- Applicant: FON; Applicant: LAW; Legal Guardian: ENN; Legal Guardian: WMW
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E042 of 2020
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DKN Magare
- Legal Topics
- Adoption of Minors, Legal Guardianship, Child Welfare, Birth Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
FON
Applicant
LAW
Applicant
ENN
Legal Guardian
WMW
Legal Guardian
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children.s Act.
- 2 Whether the adoption is in the best interests of the minor.
- 3 Whether suitable legal guardians have been appointed for the minor.
Ratio Decidendi
The court found that the applicants, being a married couple with the support of a legal guardian, satisfied all statutory requirements for adoption under the Children.s Act. The Children department and relevant authorities confirmed the applicants' suitability and the minor's eligibility for adoption. The court determined that granting the adoption would serve the best interests of the child, providing stability, care, and legal recognition of the parent-child relationship. The court also ensured that legal guardians were appointed and that the necessary administrative steps, such as registration and issuance of a birth certificate and passport, would be completed to secure the minor's...
Court Disposition
adoption granted
Orders
- The applicants FON and LAW are authorized to adopt EOO, a minor otherwise known as ESO.
- ENN and WMW are appointed as the legal guardians of the minor.
Full Case Text
Judgment text and source record
25 paragraphs
In re EOO (Minor) (Adoption Cause E042 of 2020) [2023] KEHC 17507 (KLR) (Family) (13 April 2023) (Judgment)
Neutral citation: [2023] KEHC 17507 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E042 of 2020
DKN Magare, J
April 13, 2023
IN THE MATTER OF THE CHILDREN’S ACT NO. 2001 AND IN THE MATTER OF EOO (MINOR)
In the matter of
FON
1st Applicant
LAW
2nd Applicant
Judgment
1. The Applicant filed the Originating Summons dated 15th July, 2020. The same was accompanied with Chamber Summons dated the same date. The same was allowed on 14th October, 2021.
2. The Court then dealt with some other application till 11th April, 2023 when this matter came up for hearing. The Court directed that the parties be heard forthwith.
3. The Applicants were heard. They are married to each other EO the Legal Guardian testified that she has means to take care of the minor in case of any eventually. FO is her younger brother and as such LAW is her sister-in law.
4. The Children department was represented by many state who confirmed that they evaluated the request and found the same to be suitable.
5. The 3rd witness confirmed that they released the minor to be free for adoption Vide Certification No.xxxx.
6. PW4 confirmed that she knows the consequences of adoption and she is doing so with her husband out of their free will. She says she had bonded with the child. The child was present but I received him to enable free testimony.
7. PW5 FON, confirmed that he applied voluntarily. He knows the consequences. He is satisfied that the Reports are actionable.
8. They are and read. The Applicants are husband and wife and have a sold back up with the Legal Guardian. I allow the aid application.
Determination 9. I therefore allow the Amended Originating Summons in the following terms; -a.The Applicants, FON and LAW be authorized to adopt EOO a minor otherwise known as ESO.b.ENN and WMW be appointed as the Legal Guardians of the minor.c.The Registrar General do enter this adoption with the Registrar of Adoptions.d.The child be presumed to have been born in Kenya and a birth certificate be issued in the name of ESO.e.The Director of Immigration to issue a passport to the child.f.The child be issued with a birth certificate by the Registrar of births and deaths.g.The file be closed.
DELIVERED, DATED AND SIGNED AT NAIROBI ON THIS 13TH DAY OF APRIL,2023; JUDGMENT DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.HON. MR. JUSTICE DENNIS KIZITO MAGAREJUDGE OF THE HIGH COURT, NAIROBI