[2024] KEHC 4670 (KLR)
The court found that the applicant had satisfied all statutory requirements for adoption, including the preparation of a favorable report by the Children’s Department and the absence of any opposition. The best interests of the child were considered paramount, and the applicant demonstrated the capacity and...
Source-derived case information.
- Citation
- [2024] KEHC 4670 (KLR)
- Parties
- Applicant: MA; Respondent: MC (Minor)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E217 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Application allowed; adoption order granted.
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Minors, Appointment of Guardian, Child Nationality
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MA
Applicant
MC (Minor)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be allowed to adopt MC (Minor).
- 2 Whether AWM should be appointed as legal guardian in the event of the applicant's incapacity.
- 3 Whether MC is entitled to Kenyan nationality and a Kenyan passport.
Ratio Decidendi
The court found that the applicant had satisfied all statutory requirements for adoption, including the preparation of a favorable report by the Children’s Department and the absence of any opposition. The best interests of the child were considered paramount, and the applicant demonstrated the capacity and willingness to care for the minor. The court also recognized the child’s entitlement to Kenyan nationality by birth. Accordingly, the adoption order was granted, the applicant was allowed to adopt MC, AWM was appointed as legal guardian in the event of the applicant’s incapacity, and the child’s Kenyan nationality was affirmed.
Court Disposition
Application allowed; adoption order granted.
Orders
- The applicant is allowed to adopt MC (Minor), and the child’s name shall remain MC.
- AWM is appointed legal guardian of the child in the event the applicant is unavailable or incapable of care.
Full Case Text
Judgment text and source record
20 paragraphs
In re MC (Minor) (Adoption Cause E217 of 2023) [2024] KEHC 4670 (KLR) (Family) (18 April 2024) (Judgment)
Neutral citation: [2024] KEHC 4670 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E217 of 2023
HK Chemitei, J
April 18, 2024
IN THE MATTER OF M C (MINOR) AND
In the matter of
MA
Applicant
Judgment
1. In her Originating Summons dated 11th June 2023 the Applicant prays for the following orders:-(a)That the Applicant be allowed to adopt MC and the child’s name to remain MC.(b)That AWM be and is hereby appointed legal guardian of the child in the event a misfortune befalls the Applicant rendering her unavailable or incapable of taking care of the child.(c)That the child was born in Kenya of Kenyan parents and is therefore Kenyan by birth and is entitled to a Kenyan passport.
2. The application is supported by the statement thereof and the Applicant’s affidavit as well as the annexures thereto.
3. When the matter came up on 30th October 2023 the court directed that a report be prepared by the Children’s Department. The same has been prepared and it is dated 6th November 2023.
4. The matter came up for hearing and all the parties attended court except the minor who was said to be in school.
5. Based on the supporting documents from the government and various statutory agencies as well as this courts interviewing the parties online, I am satisfied that the petition is meritorious and the same is hereby allowed with no order as to costs.
6. CWK is hereby discharged from being guardian ad litem.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 18TH DAY OF APRIL 2024. H K CHEMITEIJUDGE