[2023] KEHC 19292 (KLR)
The court found that the applicant had satisfied all legal requirements for adoption under the Children Act, including being declared fit to adopt, the child being declared free for adoption, and the appointment of a legal guardian. The welfare and best interests of the child were considered paramount, and the...
Source-derived case information.
- Citation
- [2023] KEHC 19292 (KLR)
- Parties
- Applicant: HMO; Respondent: JO
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E008 of 2022
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application allowed
- Judges
- MS Shariff
- Legal Topics
- Adoption Procedure, Child Welfare, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HMO
Applicant
JO
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicant is fit to adopt the minor JO under the Children Act.
- 2 Whether all statutory requirements for adoption have been satisfied.
Ratio Decidendi
The court found that the applicant had satisfied all legal requirements for adoption under the Children Act, including being declared fit to adopt, the child being declared free for adoption, and the appointment of a legal guardian. The welfare and best interests of the child were considered paramount, and the supporting reports from the Director of Children Services and the legal guardian confirmed the suitability of the applicant. There was no opposition to the application, and the court was satisfied that the adoption would serve the best interests of the minor JO. Accordingly, the court authorized the adoption and directed the Registrar General to make the necessary entry in the...
Court Disposition
application allowed
Orders
- The applicant HMO is authorized to adopt JO.
- The Registrar General of Persons is ordered to make an entry of this adoption in the adopted children's register.
Full Case Text
Judgment text and source record
13 paragraphs
In re JO (Child) (Adoption Cause E008 of 2022) [2023] KEHC 19292 (KLR) (30 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19292 (KLR)
Republic of Kenya
In the High Court at Kisumu
Adoption Cause E008 of 2022
MS Shariff, J
June 30, 2023
In the matter of
HMO
Applicant
Ruling
1. I have considered the Originating Summons dated April 23, 2021, the statement in support thereof, the report to declare a child free for adoption pursuant to section 156(1) of the Children Act No 8 of 2001, the further affidavit of AAO, the legal guardian sworn on December 19, 2022 and the child welfare report dated October 4, 2022 prepared by Humphrey Wandeo, the Deputy Director on behalf of the Director of Children Services Kisumu County and all attendant pleadings, requisite reports and my interview of the minor, I do find the Applicant fit to adopt the minor JO and I therefore allow her Originating Summons and I make the following orders:-1. The Applicant HMO be and is hereby authorized to adopt JO.2. The Registrar General of Persons is hereby ordered to accordingly make an entry of this adoption in the adopted childrens’ register.It is hereby so ordered.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 30TH DAY OF JUNE, 2023. MWANAISHA S. SHARIFFJUDGEIn the presence of:Mr Ariho for the Applicant.