[2024] KEHC 2046 (KLR)
The court found, based on the totality of the evidence, including reports from state agencies and oral interviews, that the applicants understood their duties and responsibilities as adoptive parents. The children’s department report and the applicants’ statements supported their suitability. There was no evidence...
Source-derived case information.
- Citation
- [2024] KEHC 2046 (KLR)
- Parties
- Applicant: BOB; Applicant: MAA
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E192 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating summons allowed. Adoption granted. No order as to costs.
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Minors, Appointment of Legal Guardians
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BOB
Applicant
MAA
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be authorized to adopt Baby HS alias RM and have the adoption entered into the Adoption Register.
- 2 Whether AB and CRK should be appointed as legal guardians of the minor.
Ratio Decidendi
The court found, based on the totality of the evidence, including reports from state agencies and oral interviews, that the applicants understood their duties and responsibilities as adoptive parents. The children’s department report and the applicants’ statements supported their suitability. There was no evidence of opposition or any factor disqualifying the applicants. The court concluded that the adoption would serve the best interests of the child, and that the appointment of AB and CRK as legal guardians was appropriate. Accordingly, the originating summons was allowed as prayed.
Court Disposition
Originating summons allowed. Adoption granted. No order as to costs.
Orders
- The applicants are authorized to adopt Baby HS alias RM, who shall be known as JMS.
- The Registrar General is directed to enter this adoption into the Adoption Register.
Full Case Text
Judgment text and source record
21 paragraphs
In re HS alias RM (Subject) (Adoption Cause E192 of 2023) [2024] KEHC 2046 (KLR) (Family) (29 February 2024) (Judgment)
Neutral citation: [2024] KEHC 2046 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E192 of 2023
HK Chemitei, J
February 29, 2024
In the matter of
BOB
1st Applicant
MAA
2nd Applicant
Judgment
1. In their Originating summons dated 25th September 2023 the applicants pray as hereunder:(a)That they be authorised to adopt Baby HS alias RM an infant who is to be known as JMS and the Registrar General be directed to enter this adoption into the Adoption Register.(b)That AB and CRK be appointed as the legal guardians of the minor who shall be presumed to have been born in Kenya
2. The application is based on the Applicant’s joint affidavit in support as well as the statements thereof.
3. The court directed the children’s department to prepare a report which was done and filed in court on 1st February 2024.
4. The court also had the opportunity to interview orally the applicants as well as the legal guardians when they appeared before it on 15th February 2024.
5. Taking the totality of the evidence herein, the various reports from state agencies and other departments I do find that the applicants understood their duties and responsibilities as explained to them.
6. In the premises the Originating summons is hereby allowed as prayed with no orders as to costs.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 29THDAY OF FEBRUARY 2024. H K CHEMITEIJUDGE