[2024] KEHC 4151 (KLR)
The court found that the Applicants had demonstrated their suitability to adopt the minor, supported by positive reports from the Nairobi county children services and the absence of any objections. The cumulative evidence, including the Applicants' history and relationship with the minor, satisfied the court that...
Source-derived case information.
- Citation
- [2024] KEHC 4151 (KLR)
- Parties
- Applicant: NFD; Applicant: WC; Respondent: GNS; Respondent: SMM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E020 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating summons allowed; adoption granted.
- Judges
- HK Chemitei
- 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
NFD
Applicant
WC
Applicant
GNS
Respondent
SMM
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants should be authorised to adopt the minor KK.
- 2 Whether GNS should be appointed as the legal guardian of the minor.
- 3 Whether the child should be indicated as born in Kenya.
Ratio Decidendi
The court found that the Applicants had demonstrated their suitability to adopt the minor, supported by positive reports from the Nairobi county children services and the absence of any objections. The cumulative evidence, including the Applicants' history and relationship with the minor, satisfied the court that the adoption would serve the best interests of the child. Consequently, the court allowed the application, authorised the adoption, appointed GNS as legal guardian, and discharged SMM as guardian ad litem.
Court Disposition
Originating summons allowed; adoption granted.
Orders
- The Applicants are authorised to adopt KK, who shall be known as KKD.
- GNS is appointed as the legal guardian of the minor.
Full Case Text
Judgment text and source record
22 paragraphs
In re KK (Minor) (Adoption Cause E020 of 2024) [2024] KEHC 4151 (KLR) (Family) (30 April 2024) (Judgment)
Neutral citation: [2024] KEHC 4151 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E020 of 2024
HK Chemitei, J
April 30, 2024
IN THE MATTER OF KK (MINOR)
In the matter of
NFD
1st Applicant
WC
2nd Applicant
Judgment
1. In their Originating Summons dated 31st January 2024 the Applicants pray for the following orders:-(a)That the Applicants be authorised to adopt KK a minor who is to be known as KKD and the Registrar General be directed to enter this in the Adoption Register.(b)That GNS be appointed as the legal guardian of the minor.(c)That the child be indicated to have been born in Kenya.
2. The application is based on the statement and the sworn affidavits of the Applicants.
3. When the matter came up on 4th March 2024 the court granted the interim orders and directed that a report be made by the Children’s department.
4. When the matter came up for hearing on 22nd April 2024 the parties presented themselves in court including the minor, the Applicants and the legal guardian.
5. All the parties understood their position. The court also perused the report dated 8th April 2024 from the Nairobi county children services which was positive.
6. Taking the cumulative reports on record and the attached evidence, the history of the Applicants as well as their relationships with the minor this court finds the Originating summons meritorious and the same is hereby allowed as hereunder(a)The Applicants are hereby authorised to adopt KK, minor and shall be called KKD(b)GNS is hereby appointed as the legal guardian.(c)SMM is hereby discharged as guardian ad litem(c)Costs in the cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 30THDAY OF APRIL 2024. H K CHEMITEIJUDGE