[2024] KEHC 8557 (KLR)
The court found that the applicants, VBM and CG, had satisfied all legal requirements for adoption, including the submission of a joint affidavit and the receipt of a positive report from the Children’s Department regarding their suitability. The court interviewed the applicants, who demonstrated understanding of...
Source-derived case information.
- Citation
- [2024] KEHC 8557 (KLR)
- Parties
- Applicant: VBM; Applicant: CG; Respondent: K R; Respondent: L A
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E243 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating summons allowed as prayed.
- Judges
- HK Chemitei
- Legal Topics
- Adoption Procedure, Guardianship Appointment, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
VBM
Applicant
CG
Applicant
K R
Respondent
L A
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be authorized to adopt M H G.
- 2 Whether a suitable guardian ad litem and legal guardian should be appointed for the minor.
- 3 Whether the Registrar General should make an entry in the Adopted Children’s register.
Ratio Decidendi
The court found that the applicants, VBM and CG, had satisfied all legal requirements for adoption, including the submission of a joint affidavit and the receipt of a positive report from the Children’s Department regarding their suitability. The court interviewed the applicants, who demonstrated understanding of the adoption process and its implications. No objections were raised, and the welfare of the minor, M H G, was found to be secured by the proposed adoption. The court therefore allowed the application, appointed L A as legal guardian, and ordered the Registrar General to make the appropriate entry in the Adopted Children’s register. K R was discharged as guardian ad litem.
Court Disposition
Originating summons allowed as prayed.
Orders
- L A is appointed legal guardian of M H G.
- K R is discharged as guardian ad litem.
Full Case Text
Judgment text and source record
21 paragraphs
In re MHG (Baby) (Adoption Cause E243 of 2023) [2024] KEHC 8557 (KLR) (11 July 2024) (Judgment)
Neutral citation: [2024] KEHC 8557 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Adoption Cause E243 of 2023
HK Chemitei, J
July 11, 2024
In the matter of
VBM
1st Applicant
CG
2nd Applicant
Judgment
1. In their Originating summons dated 14th November 2023 the Applicants pray for the following orders:-(a)That K R be appointed guardian ad litem in this cause.(b)That the Applicants be authorised to adopt M H G(c)That the Registrar General be ordered to make an appropriate entry in the Adopted Children’s register in respect of M H G
2. The application is based on their joint affidavit sworn on the same date.
3. The court on 8th February 2024 directed the Children’s Department to prepare a report on the suitability or otherwise of the Applicants to adopt the minor.
4. The said positive report dated 11th March 2024 is on record.
5. The parties appeared in court though online on 27th June 2024. The court interviewed them and they agreed that they understood the import of the cause.
6. In the premises the Originating summons is hereby allowed as prayed and L A is hereby appointed a legal guardian. K R is discharged.
7. Costs in the cause.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 11TH DAY OF JULY 2024. H K CHEMITEIJUDGE