[2024] KEHC 1407 (KLR)
The court found that the applicant satisfied all legal requirements for adoption under the Children Act, 2022. The reports from the Directorate of Children’s Services and the guardian ad litem were positive, indicating that the adoption would serve the best interests of the child. The applicant demonstrated capacity...
Source-derived case information.
- Citation
- [2024] KEHC 1407 (KLR)
- Parties
- Applicant: GMK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E146 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating Summons allowed as prayed. No order as to costs.
- 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
GMK
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be allowed to adopt the child currently identified as Baby Mary Achieng a.k.a Nilsa Mila.
- 2 Whether the child should be renamed Nilsa Ivana Mumo and her place and date of birth declared as 2nd January 2022 in Mbagathi district hospital.
- 3 Whether the child should be presumed a Kenyan citizen by birth and entitled to all rights and benefits thereof.
Ratio Decidendi
The court found that the applicant satisfied all legal requirements for adoption under the Children Act, 2022. The reports from the Directorate of Children’s Services and the guardian ad litem were positive, indicating that the adoption would serve the best interests of the child. The applicant demonstrated capacity and willingness to provide parental care, and the proposed legal guardians were suitable. There was no opposition to the application, and all procedural steps were duly followed. Consequently, the court allowed the adoption as prayed, including the renaming of the child, declaration of her birth details, presumption of Kenyan citizenship, appointment of legal guardians,...
Court Disposition
Originating Summons allowed as prayed. No order as to costs.
Orders
- The applicant is allowed to adopt the child currently identified as Baby Mary Achieng a.k.a Nilsa Mila.
- The child shall henceforth be known as Nilsa Ivana Mumo.
Full Case Text
Judgment text and source record
19 paragraphs
In re MA aka NM (Baby) (Adoption Cause E146 of 2023) [2024] KEHC 1407 (KLR) (Family) (15 February 2024) (Judgment)
Neutral citation: [2024] KEHC 1407 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E146 of 2023
HK Chemitei, J
February 15, 2024
In the matter of
GMK
Applicant
Judgment
1. The Originating Summons dated 18th July 2023 by the applicant prays for the following orders:(a)That the applicant herein be allowed to adopt the child currently identified as Baby Mary Achieng a.k.a Nilsa Mila.(b)That the child henceforth be renamed Nilsa Ivana Mumo.(c)That the child’s place and date of birth be declared to be 2nd January 2022 in Mbagathi district hospital.(d)That the child be presumed a Kenyan citizen by birth and consequently entitled to all rights and benefits in respect thereof including issuance of post adoption certificate of birth and passport.(e)That Gertrude Wangari Karanja and Antony Munyeke Musyoki be appointed as legal guardians 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 premised on the grounds thereof and the statements and the applicants sworn affidavit.
3. The court further directed the Directorate of Children’s Services to prepare its report pursuant to the orders issued on 21st September 2023.
4. The court has perused the report dated 23rd November 2023 from the Children’s Department which appears positive.
5. The court has equally perused all the supporting documents prepared by various agencies as well as the guardian ad litem which in my view are favourable.
6. In the premises and having seen the parties online the Originating Summons herein is hereby allowed as prayed with no order as to costs.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 15TH DAY OF FEBRUARY 2024. H K CHEMITEIJUDGE