[2024] KEHC 2445 (KLR)
The court found that the applicant VN met all legal requirements for adoption under the Children Act. Positive reports from the Department of Children’s Services and other agencies confirmed her suitability and the welfare of the minor. The court interviewed the parties and was satisfied that the adoption was in the...
Source-derived case information.
- Citation
- [2024] KEHC 2445 (KLR)
- Parties
- Applicant: VN; Respondent: MM (to be known as KTN)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E092 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating summons allowed; adoption granted.
- Judges
- HK Chemitei
- 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
VN
Applicant
MM (to be known as KTN)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant VN should be authorized to adopt the minor MM.
- 2 Whether the minor's name should be changed to KTN and entered in the Register of Adoptions.
- 3 Whether a legal guardian should be appointed for the minor.
Ratio Decidendi
The court found that the applicant VN met all legal requirements for adoption under the Children Act. Positive reports from the Department of Children’s Services and other agencies confirmed her suitability and the welfare of the minor. The court interviewed the parties and was satisfied that the adoption was in the best interests of the child. Accordingly, the court authorized the adoption, ordered the change of the minor's name to KTN, and appointed Wanjiru Margaret Lilian Kaniaru as legal guardian.
Court Disposition
Originating summons allowed; adoption granted.
Orders
- The applicant VN is authorized to adopt the child MM.
- The name of the child upon adoption shall be KTN and entered in the Register of Adoptions by the Registrar of Adoptions.
Full Case Text
Judgment text and source record
20 paragraphs
In re MM (Minor) (Adoption Cause E092 of 2023) [2024] KEHC 2445 (KLR) (Family) (7 March 2024) (Judgment)
Neutral citation: [2024] KEHC 2445 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E092 of 2023
HK Chemitei, J
March 7, 2024
In the matter of
VN
Applicant
Judgment
1. The Applicant in her Originating summons dated 18th May 2023 pray for the following orders:-(a)That the Applicant VN be authorised to adopt the child MM.(b)That the name of the child upon adoption be known as KTN and the said name be entered in the Register of Adoptions by the Registrar of Adoptions.
2. The application is supported by her affidavit dated the same date and the statements thereof.
3. The court directed the Department of Children’s Services to prepare a report and which it did and the same date 17th October 2023 was filed on 24th October 2023.
4. The court has perused the reports from various agencies on record as well as the attachments to the same and all are positive.
5. The court has the opportunity to interview the parties online and they all understood their roles. The court was able to see the minor as well.
6. In the premises the Originating summons is allowed, and Wanjiru Margaret Lilian Kaniaru is hereby appointed a legal guardian.
7. Costs in the cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 7TH MARCH 2024. H K CHEMITEIJUDGE