[2024] KEHC 7444 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption, including the preparation of a positive report by the Children’s Department and the oral confirmation of understanding and acceptance of responsibilities by all parties. The best interests of the child were served by...
Source-derived case information.
- Citation
- [2024] KEHC 7444 (KLR)
- Parties
- Applicant: GM; Applicant: JWN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E126 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating summons allowed as prayed. No order as to costs.
- Judges
- HK Chemitei
- Legal Topics
- Adoption Procedure, Dispensation of Parental Consent, Appointment of Legal Guardian
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GM
Applicant
JWN
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be authorized to adopt Fiona Wambura and rename her FWM.
- 2 Whether the consent of the biological parents should be dispensed with.
- 3 Whether SWW should be appointed as legal guardian in the event of misfortune befalling the applicants.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements for adoption, including the preparation of a positive report by the Children’s Department and the oral confirmation of understanding and acceptance of responsibilities by all parties. The best interests of the child were served by granting the adoption, dispensing with the consent of the biological parents, and appointing a legal guardian. There was no opposition to the application, and the evidence supported the orders sought. Accordingly, the originating summons was allowed as prayed.
Court Disposition
Originating summons allowed as prayed. No order as to costs.
Orders
- The applicants are authorized to adopt Fiona Wambura, who shall henceforth be known as FWM.
- SWW is appointed legal guardian to the child in the event misfortune befalls the applicants.
Full Case Text
Judgment text and source record
21 paragraphs
In re FW (Child) (Adoption Cause E126 of 2023) [2024] KEHC 7444 (KLR) (Family) (20 June 2024) (Judgment)
Neutral citation: [2024] KEHC 7444 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E126 of 2023
HK Chemitei, J
June 20, 2024
In the matter of
GM
1st Applicant
JWN
2nd Applicant
Judgment
1. The Originating summons by the applicants dated 30th June 2023 prays for the following orders:-(a)That the Applicants herein be authorised to adopt Fiona Wambura and that the said child be called FWM.(b)That SWW be appointed legal guardian to the child in the event misfortunes befalls the Applicants.(c)That the consent of the biological parents be dispensed with.(d)That the Registrar General makes the appropriate entries into the Adopted Children Register.
2. The application is based on the applicant’s sworn affidavits and the annexures thereto.
3. The court on 27th July 2023 directed that a report be prepared by the Children’s Department in respect to the parties herein.
4. The said report which is positive dated 1st December 2023 and filed in court on 22nd April 2024 has been perused by this court.
5. On 25th April 2024 all the parties appeared online and the court was able to see and interview them orally. They all understood their respective responsibilities and the consequences of this adoption exercise.
6. Based on the above facts and the documentary evidence on record the originating summons is meritorious and the same is hereby allowed as prayed with no order as to costs.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 20TH DAY OF JUNE 2024. H K CHEMITEI.JUDGE