[2024] KEHC 334 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption under Kenyan law, including the submission of supporting affidavits, statements, and a positive report from the Department of Children’s Services. The court interviewed the parties online and confirmed their consent and...
Source-derived case information.
- Citation
- [2024] KEHC 334 (KLR)
- Parties
- Applicant: AM; Applicant: AMG
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E239 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Adoption Procedure, Child Welfare, Change of Name
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
AM
Applicant
AMG
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be jointly authorised to adopt IK (the child).
- 2 Whether the child should be renamed IBM upon adoption.
- 3 Whether the Registrar General should be directed to enter the adoption in the Adoption Register and issue a new birth certificate.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements for adoption under Kenyan law, including the submission of supporting affidavits, statements, and a positive report from the Department of Children’s Services. The court interviewed the parties online and confirmed their consent and agreement to the adoption. The court determined that the adoption was in the best interests of the child, IK, and that it was appropriate to authorise the applicants to adopt the child, change his name to IBM, and direct the Registrar General to enter the adoption in the Adoption Register and issue a new birth certificate.
Court Disposition
application allowed
Orders
- The applicants are jointly authorised to adopt IK (the child).
- Upon adoption, the child shall be called IBM.
Full Case Text
Judgment text and source record
22 paragraphs
In re IK (Child) (Adoption Cause E239 of 2023) [2024] KEHC 334 (KLR) (Family) (25 January 2024) (Judgment)
Neutral citation: [2024] KEHC 334 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E239 of 2023
HK Chemitei, J
January 25, 2024
IN THE MATTER OF IK(THE CHILD)
In the matter of
AM
1st Applicant
AMG
2nd Applicant
Judgment
1. In the Originating Summons dated 15th November 2023 the applicants pray for the following orders;(a)That the applicants herein be jointly authorised to adopt I.K (the child) who is a Kenyan male citizen born on 12th February 2015. (b)That upon adoption the child be called IBM.(c)That the Registrar General be directed to enter this adoption of IBM in the Adoption Register and a birth certificate be issued by the Registrar of Births and Deaths.
2. The application is supported by the affidavits of the applicants together with the statements thereof as well as the annexures.
3. The court in regard to prayer (b) above has perused the application dated 30th November 2023 indicating the names of the minor to be entered in the register.
4. The court has perused the reports from the Department of Children’s Services dated 11. 12. 23 which is positive.
5. The court was also able to see and interview online the parties and they all agreed to the application.
6. In the premises, the Originating summons and the application dated 10th November 2023 herein are hereby allowed with no order as to costs.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 25TH DAY OF JANUARY 2024. H K CHEMITEI.JUDGE