[2022] KEHC 15052 (KLR)
The court found that the applicants had addressed all previously identified gaps in their application and had complied with all statutory and procedural requirements for adoption. There was no opposition to the application, and the welfare of the child was considered paramount. The court was satisfied that granting...
Source-derived case information.
- Citation
- [2022] KEHC 15052 (KLR)
- Parties
- Applicant: PNN; Applicant: MC; Respondent: MMA (to be known as ANN); Applicant: MWN
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 6 of 2019
- Procedural Posture
- Adoption Cause / Final Order
- Outcome
- Adoption granted; legal guardian appointed; administrative orders issued; no order as to costs.
- Judges
- TM Matheka
- 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
PNN
Applicant
MC
Applicant
MMA (to be known as ANN)
Respondent
MWN
Applicant
Procedural Posture
Adoption Cause / Final Order
Legal Issues
- 1 Whether the applicants have complied with all legal requirements for adoption.
- 2 Whether it is in the best interests of the child to grant the adoption order.
- 3 Whether a legal guardian should be appointed for the child.
Ratio Decidendi
The court found that the applicants had addressed all previously identified gaps in their application and had complied with all statutory and procedural requirements for adoption. There was no opposition to the application, and the welfare of the child was considered paramount. The court was satisfied that granting the adoption would serve the best interests of the child. Accordingly, the adoption order was granted, a legal guardian was appointed, and the necessary administrative directions were issued.
Court Disposition
Adoption granted; legal guardian appointed; administrative orders issued; no order as to costs.
Orders
- The joint applicants PNN and MC are allowed to adopt MMA, to be known as ANN.
- The Registrar General to make appropriate entries in the adopted children’s register in respect of the child.
Full Case Text
Judgment text and source record
12 paragraphs
In re MMA (Minor) (Adoption Cause 6 of 2019) [2022] KEHC 15052 (KLR) (10 November 2022) (Order)
Neutral citation: [2022] KEHC 15052 (KLR)
Republic of Kenya
In the High Court at Nakuru
Adoption Cause 6 of 2019
TM Matheka, J
November 10, 2022
Order
1. On April 23, 2021 having considered the application for adoption filed by the two (2) applicants, I found glaring gaps in the application papers, which I required them to address before I could grant the final orders.
2. A reminder went out on June 29, 2021. On November 3, 2022 counsel Mrs Gatheca for the applicants confirmed that the parties had complied with court’s directions.
3. Pursuant to that compliance the following orders issue:1. The joint applicants PNN and MC be and are hereby allowed to adopt MMA to be known as ANN.2. The registrar general do make the appropriate entries in the adopted children’s register in respect of the child.3. The Registrar Births and Deaths do issue a birth certificate in respect of ANN.4. MWN be and is hereby appointed legal guardian of the child.5. The guardian ad litem is discharged.6. No orders as to costs.
SIGNED, DATED AND DELIVERED VIA EMAIL THIS 10TH DAY OF NOVEMBER, 2022. MUMBUA T MATHEKAJUDGECourt Assistant JenifferMs Gatheca for applicant