[2024] KEHC 12856 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption, including being declared suitable by the child welfare authority, obtaining the necessary consents from their adult children, and that the child had been declared free for adoption by a registered adoption society. The welfare...
Source-derived case information.
- Citation
- [2024] KEHC 12856 (KLR)
- Parties
- Applicant: PA; Applicant: PSO
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E005 of 2024
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption order granted
- Judges
- MS Shariff
- Legal Topics
- Adoption Procedure, Child Welfare Reports, Consent of Family, Adopted Child Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
PA
Applicant
PSO
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants are suitable to adopt the minor LPL.
- 2 Whether the statutory requirements for adoption have been satisfied.
- 3 Whether the welfare and best interests of the child have been considered.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption, including being declared suitable by the child welfare authority, obtaining the necessary consents from their adult children, and that the child had been declared free for adoption by a registered adoption society. The welfare and best interests of the child were considered paramount, and the court was satisfied that the adoption would promote the child's well-being. Accordingly, the adoption order was granted, and the Registrar General was directed to make the appropriate entry in the Adopted Children’s Register.
Court Disposition
adoption order granted
Orders
- The applicants PA and PSO are authorized to adopt the baby boy LPL.
- The minor shall henceforth be called LPL.
Full Case Text
Judgment text and source record
17 paragraphs
In re LPL (Infant) (Adoption Cause E005 of 2024) [2024] KEHC 12856 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12856 (KLR)
Republic of Kenya
In the High Court at Kisumu
Adoption Cause E005 of 2024
MS Shariff, J
October 22, 2024
IN THE MATTER OF ADOPTION OF: LOGAN PETER LUSENAKA (INFANT)
In the matter of
PA
1st Applicant
PSO
2nd Applicant
Ruling
1. Upon considering the originating summons dated 3. 6.2024, the affidavit in support thereof and the child welfare report dated 2. 9.2024 prepared by Eric Mugaisi the County Children Coordinator, Kisumu County, the enclosures therein, I do find that the minor LPL was declared free for adoption by Little Angels Network on 8th March, 2024 vide certificate No. 002443.
2. The Applicants have demonstrated that they are suitable adopting parents to the minor. The other three children of the Applicants who are all adults have consented to this application wherefore I allow it and make the following orders:1. The Applicants herein PA and PSO are hereby authorized to adopt the baby boy LPL.2. The minor shall henceforth be called LPL.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. This file is marked as closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 22NDDAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE