[2024] KEHC 12830 (KLR)
The court found that the applicant had satisfied all statutory requirements for adoption, including being declared fit to adopt and the child being declared free for adoption by a registered adoption society. The welfare report supported the application, and there was no evidence to the contrary. The court held that...
Source-derived case information.
- Citation
- [2024] KEHC 12830 (KLR)
- Parties
- Applicant: Immaculate Adhiambo Odek; Respondent: Justina Nekesa (child, to be known as JN)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E002 of 2024
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption
- Outcome
- Application for adoption allowed.
- Judges
- MS Shariff
- Legal Topics
- Adoption of Children, Fitness of Adopter, Child Welfare Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Immaculate Adhiambo Odek
Applicant
Justina Nekesa (child, to be known as JN)
Respondent
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption
Legal Issues
- 1 Whether the applicant is fit and proper to adopt the minor JN.
- 2 Whether the statutory requirements for adoption have been satisfied.
Ratio Decidendi
The court found that the applicant had satisfied all statutory requirements for adoption, including being declared fit to adopt and the child being declared free for adoption by a registered adoption society. The welfare report supported the application, and there was no evidence to the contrary. The court held that granting the adoption was in the best interests of the child, and accordingly authorized the applicant to adopt the minor, with consequential orders for registration and costs.
Court Disposition
Application for adoption allowed.
Orders
- The applicant IAO is authorized to adopt the abandoned baby girl JN.
- The abandoned baby girl shall henceforth be known as JN.
Full Case Text
Judgment text and source record
16 paragraphs
In re JN (Child) (Adoption Cause E002 of 2024) [2024] KEHC 12830 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12830 (KLR)
Republic of Kenya
In the High Court at Kisumu
Adoption Cause E002 of 2024
MS Shariff, J
October 22, 2024
IN THE MATTER OF ADOPTION OF: JUSTINA NEKESA
IMMACULATE ADHIAMBO ODEK……………………… APPLICANT
In the matter of
IAO
Applicant
Ruling
1. I have considered the originating summons dated 31. 1.2024, the affidavit in support thereof sworn by IAO on even date, the further affidavit sworn on 16th October 2024, the child welfare report dated 20. 3.2024 prepared by Eric Lee Muguisi the Children Coordinator Kisumu County and all the enclosures to the supporting affidavit and I do note that the minor was declared free for adoption by Little Angel Network on 8. 6. 2022 vide a certificate No. 002271.
2. The Applicant has demonstrated that she is fit to adopt the child wherefore I hereby allow the application and I make the following orders:-1. The Applicant IAO is hereby authorized to adopt abandoned baby girl JN.2. The abandoned baby girl shall henceforth be known as JN.3. The Registrar General is hereby directed to make an entry into the adopted children’s register of this adoption in accordance with the particulars as shall be set out in the adoption order.4. The Applicant shall bear the costs of this application.5. This file is marked as closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 22NDDAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE