[2024] KEHC 335 (KLR)
The court found that the applicant is suitable to adopt the child, having considered the Children’s Officer’s report, which confirmed the applicant’s ability to care for the child and the child’s comfort in the applicant’s home. The child, having been abandoned and declared free for adoption, is eligible for...
Source-derived case information.
- Citation
- [2024] KEHC 335 (KLR)
- Parties
- Applicant: MMN
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2020
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- Application granted as prayed.
- Judges
- M Muya
- Legal Topics
- Adoption Procedure, Child Abandonment, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MMN
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicant should be authorized to adopt the child known as BABY MK.
- 2 Whether the child should be presumed a Kenyan citizen by birth.
- 3 Whether the appointment of legal guardians is appropriate in the event of the applicant's death or incapacity.
Ratio Decidendi
The court found that the applicant is suitable to adopt the child, having considered the Children’s Officer’s report, which confirmed the applicant’s ability to care for the child and the child’s comfort in the applicant’s home. The child, having been abandoned and declared free for adoption, is eligible for adoption, and it is in her best interests for the application to be granted. The court also found it appropriate to appoint legal guardians and to direct the Registrar General to record the adoption. The orders sought in the originating summons were therefore granted as prayed.
Court Disposition
Application granted as prayed.
Orders
- The child subject of this case is presumed to be a Kenyan citizen by birth.
- The applicant is authorized to adopt BABY MK, to be known as ANM.
Full Case Text
Judgment text and source record
19 paragraphs
In re MK (Child) (Adoption Cause 1 of 2020) [2024] KEHC 335 (KLR) (15 January 2024) (Ruling)
Neutral citation: [2024] KEHC 335 (KLR)
Republic of Kenya
In the High Court at Nyeri
Adoption Cause 1 of 2020
M Muya, J
January 15, 2024
In the matter of
MMN
Applicant
Ruling
1. The Originating summons dated the 1st of November 2019 seeks the following orders.1. the child subject of this case be presumed to be a Kenyan Citizen by birth2. The applicant be authorized to adopt BABY MK to be known as ANM3. That JKN and VWI be appointed as legal Guardian of the child in the event of the death or incapacity of the applicant before she is of full age and fully self-reliant.4. That the Registrar General be directed to enter to the adopted children Register an entry recording the adoption.
2. The court called for a children’s officer Report on the 28th February 2020.
3. The child the subject of this application was abandoned at Kwangara Nairobi on 18th June 2010. The child was committed to Happy Life Children’s Home by a court for a period of three years.
4. The child was later declared free for adoption on 29th June 2011. On 5th July 2021 the child was placed under the care of the applicant.
5. The applicant is a teacher by profession and has no other children. I have duly perused the children’s Officers report and I am satisfied that the applicant is able to take care of the child. A home visit by the children’s officer showed that the child was comfortable with the applicants and the surroundings were conducive to her well-being.
6. The recommendation by Children’s Officer is favourable for the child’s adoption. I find that it would be in the child’s best interest for this application to be granted.
7. This application has merit and it is granted as prayed.
RULING READ AND DELIVERED IN OPEN COURT AT NYERI THIS 15TH DAY OF JANUARY 2024. HON. JUSTICE M. MUYAJUDGEIN THE PRESENCE OF:…………………………………… APPLICANTCOURT ASSISTANT: KINYUA30 DAYS R/AHON. JUSTICE M. MUYAJUDGE