[2024] KEHC 1341 (KLR)
The court found that the applicant, GNN, had satisfied all statutory requirements for adoption as set out in the Children Act, 2022. The County Coordinator Children’s Services provided a positive report confirming the applicant’s fitness and suitability to adopt the minor, JMK. The court, after interviewing the...
Source-derived case information.
- Citation
- [2024] KEHC 1341 (KLR)
- Parties
- Applicant: GNN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E211 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- originating summons allowed as prayed
- Judges
- HK Chemitei
- Legal Topics
- Adoption Procedure, Child Welfare, Guardianship Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GNN
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant is fit to adopt the minor, JMK.
- 2 Whether the statutory requirements for adoption have been satisfied.
- 3 Whether the best interests of the child are served by granting the adoption.
Ratio Decidendi
The court found that the applicant, GNN, had satisfied all statutory requirements for adoption as set out in the Children Act, 2022. The County Coordinator Children’s Services provided a positive report confirming the applicant’s fitness and suitability to adopt the minor, JMK. The court, after interviewing the parties online and considering the best interests of the child, determined that the adoption would promote the welfare of the minor. Accordingly, the originating summons was allowed as prayed, granting the adoption and related orders.
Court Disposition
originating summons allowed as prayed
Orders
- The Director of Children Services is directed to compile the requisite report on the applicant’s fitness to adopt the minor, JMK.
- GNN is appointed the minor’s guardian.
Full Case Text
Judgment text and source record
17 paragraphs
In re JMK (Child) (Adoption Cause E211 of 2023) [2024] KEHC 1341 (KLR) (Family) (15 February 2024) (Judgment)
Neutral citation: [2024] KEHC 1341 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E211 of 2023
HK Chemitei, J
February 15, 2024
In the matter of
GNN
Applicant
Judgment
1. The applicants Originating Summons dated 23rd August 2023 is asking for the following orders;(a)That the Director of children services be directed to compile the requisite report on the applicant’s fitness to adopt the minor, JMK.(b)That GNN the applicant herein be appointed the minor’s guardian.(c)The court directs the Registrar General to make appropriate entries in the Adopted Children’s Register and do issue a certificate to that effect.
2. The application is based on the applicant’s affidavit and the annexures thereto.
3. The court has perused the application, the report by the County Coordinator Children’s Services dated 8 January 2024 which is positive.
4. In the premises and based on the court’s opinion after interviewing the parties online the originating summons is hereby allowed as prayed with no order as to costs.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 15TH DAY OF FEBRUARY 2024. H K CHEMITEIJUDGE