[2024] KEHC 1343 (KLR)
The court found that the applicant had complied with all legal requirements for adoption, including the filing of the necessary documents, the provision of a positive report from the Children’s Department, and the demonstration of understanding of the adoption process. The court was satisfied that the adoption was...
Source-derived case information.
- Citation
- [2024] KEHC 1343 (KLR)
- Parties
- Applicant: WAA
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E144 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Adoption Procedure, Child Renaming, Citizenship of Adopted Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
WAA
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be allowed to adopt Baby L.
- 2 Whether the child should be renamed ASA.
- 3 Whether the child should be declared a Kenyan citizen by birth.
Ratio Decidendi
The court found that the applicant had complied with all legal requirements for adoption, including the filing of the necessary documents, the provision of a positive report from the Children’s Department, and the demonstration of understanding of the adoption process. The court was satisfied that the adoption was in the best interests of the child, that the applicant was suitable, and that the child would benefit from the adoption. The court therefore allowed the application, granted the orders sought, and made consequential directions regarding the child’s name, citizenship, appointment of legal guardians, discharge of the guardian ad litem, and updating of the Adopted Children’s Register.
Court Disposition
application allowed
Orders
- The applicant WAA is allowed to adopt the child currently identified as Baby Lavender.
- The child shall henceforth be renamed ASA.
Full Case Text
Judgment text and source record
19 paragraphs
In re L (Baby) (Adoption Cause E144 of 2023) [2024] KEHC 1343 (KLR) (Family) (15 February 2024) (Judgment)
Neutral citation: [2024] KEHC 1343 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E144 of 2023
HK Chemitei, J
February 15, 2024
IN THE MATTER OF BABY L ....SUBJECT
In the matter of
WAA
Applicant
Judgment
1. The Originating Summons dated 17th July 2023 prays for the following orders:(a)That the applicant WAA be allowed to adopt the child currently identified as Baby Lavender.(b)That the child henceforth be renamed ASA.(c)That the child’s date and place of birth be declared to be 15th March 2021 in Kitale.(d)That the child be presumed to be a Kenyan citizen by birth and consequently be entitled to all the rights and benefits in respect thereof including issuance of post adoption certificate of birth and passport.(e)That AAA and KKK be appointed as legal guardians of the child in the event that the applicant herein is incapacitated or in any way unable to discharge her parental obligations.(f)That the guardian ad litem be discharged.(g)That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register.
2. The application is based on the grounds thereof and the statement and affidavit by the applicant sworn on even date.
3. The court on 21st September 2023 directed the Children’s Department to prepare a report in respect of the parties herein and the report dated 12th October 2023 which is positive is on record and the court has perused the same.
4. The court had occasion to see and interview the parties online and they understood the entire process of adoption.
5. In the premises the application is allowed with no order as to costs.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 15TH DAY OF FEBRUARY 2024. H K CHEMITEIJUDGE.