[2024] KEHC 1342 (KLR)
The court found that the applicants had complied with all legal requirements for adoption under the Children Act, 2022. The Director of Children Services provided a positive report, and the court's own interview with the applicants confirmed their understanding of the implications of adoption. The court was...
Source-derived case information.
- Citation
- [2024] KEHC 1342 (KLR)
- Parties
- Applicant: RWH; Applicant: MWN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E033 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Application allowed. Adoption granted as prayed.
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Minors, Appointment of Legal Guardian, Adoption Register Entries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RWH
Applicant
MWN
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt the minor JEH.
- 2 Whether it is in the best interests of the minor to be adopted by the applicants.
- 3 Whether a legal guardian should be appointed for the minor.
Ratio Decidendi
The court found that the applicants had complied with all legal requirements for adoption under the Children Act, 2022. The Director of Children Services provided a positive report, and the court's own interview with the applicants confirmed their understanding of the implications of adoption. The court was satisfied that the adoption was in the best interests of the minor and that the appointment of a legal guardian was appropriate. Accordingly, the adoption was granted as prayed, and the necessary orders were issued.
Court Disposition
Application allowed. Adoption granted as prayed.
Orders
- The applicants are authorised to adopt the child JEH.
- The Registrar General is directed to enter this adoption into the Register of Adoptions.
Full Case Text
Judgment text and source record
16 paragraphs
In re JEH (Minor) (Adoption Cause E033 of 2023) [2024] KEHC 1342 (KLR) (Family) (15 February 2024) (Judgment)
Neutral citation: [2024] KEHC 1342 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E033 of 2023
HK Chemitei, J
February 15, 2024
IN THE MATTER OF JEH (MINOR) AND RWH...........................................1ST APPLICANT MWN.....................................2ND APPLICANT
Judgment
1. The applicants originating summons by the applicants pray for the following orders:(a)That this court issues an order authorising the applicants to adopt the child JEH who is a Kenyan citizen born on 23. 11. 2011. (b)That the Registrar General be directed to enter this adoption into the Register of Adoptions.(c)SS of national identity card number 34XXXX87 is hereby appointed as the legal guardian of the child.
2. The application is based on the grounds and the statement thereof and applicant’s affidavits and the annexures thereto.
3. The court directed the Director children services to prepare a report in respect to the parties herein as well as the minor. The said report dated October 20, 2023 is on record and it is positive.
4. The court on February 1, 2024 was able to interview the parties online. They all understood the implication of adopting the minor.
5. In the premises the petition is hereby allowed as prayed. Costs in the cause.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 15TH DAY OF FEBRUARY 2024. H K CHEMITEI.JUDGE