[2025] KEHC 2229 (KLR)
The court found that the applicants met all statutory requirements for adoption under the Children Act, including obtaining valid consent from the biological mother and receiving positive recommendations from the Guardian Ad Litem and the Children’s Officer. The court was satisfied that the adoption was in the best...
Source-derived case information.
- Citation
- [2025] KEHC 2229 (KLR)
- Parties
- Applicant: WKG; Applicant: RNK
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E002 of 2024
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- Originating summons allowed; adoption granted.
- Judges
- M Muya
- Legal Topics
- Adoption Procedure, Consent of Parent, Children Act, Adopted Children Register
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
WKG
Applicant
RNK
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants should be authorized to adopt baby MA alias MBK.
- 2 Whether the mother's consent to the adoption is valid and should be adopted by the court.
- 3 Whether the Registrar General should be directed to make an entry in the adopted children register.
Ratio Decidendi
The court found that the applicants met all statutory requirements for adoption under the Children Act, including obtaining valid consent from the biological mother and receiving positive recommendations from the Guardian Ad Litem and the Children’s Officer. The court was satisfied that the adoption was in the best interests of the child and that all procedural and substantive legal requirements had been fulfilled. Accordingly, the court allowed the application and granted the orders sought, authorizing the adoption, adopting the mother’s consent, and directing the Registrar General to make the necessary entry in the adopted children register.
Court Disposition
Originating summons allowed; adoption granted.
Orders
- The applicants WKG and RNK are authorized to adopt baby MA, who shall be known as MBK.
- The court adopts the mother’s consent to the adoption given on 7th March, 2022 at Gatundu County Referral Hospital.
Full Case Text
Judgment text and source record
14 paragraphs
In re MA alias MBK (Child) (Adoption Cause E002 of 2024) [2025] KEHC 2229 (KLR) (27 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2229 (KLR)
Republic of Kenya
In the High Court at Nyeri
Adoption Cause E002 of 2024
M Muya, J
February 27, 2025
IN THE MATTER OF BABY MA alias MBK (CHILD)
IN THE MATTER OF CHILDREN ACT ORIGINATING SUMMONS SECTION 158 & 170 OF THE CHILDREN ACT
Ruling
1. The originating summons is the one dated 4th December, 2023. It seeks the following orders:-1. Spent2. That the applicants WKG & RNK be authorized to adopt baby MA who is to be known as MBK.3. That the Honourable Court do adopt the mother’s consent who offered the child for adoption on 7th March, 2022 at Gatundu County Referral Hospital.4. That subsequent to order 2 above the Honourable Court be pleased to direct the Registrar General to make an entry in the adopted children register in the prescribed form as per the attached schedule.
2. I have duly perused the Report by the Guardian AD Litem dated 4th December, 2023 and that of the Children’s officer dated 13th May, 2024 both are positive in their re-commendations and I find no good reason to doubt their veracity.
3. I find the originating summons has merit and it is allowed in terms of prayer 2, 3, 4 of the application.
RULING READ AND DELIVERED THIS 27TH DAY OF FEBRUARY, 2025. In the presence of:-Mrs. Wahome for the applicant.........................M. MUYAJUDGE