[2024] KEHC 4149 (KLR)
The court found that the Applicants met all statutory requirements for adoption, including the submission of necessary affidavits, statements, and a positive report from the Nairobi County Children Services. The Applicants demonstrated a suitable relationship with the minor, and all parties, including the proposed...
Source-derived case information.
- Citation
- [2024] KEHC 4149 (KLR)
- Parties
- Applicant: NFD; Applicant: WC; Respondent: GNS
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E019 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Minors, Appointment of Legal Guardian, Adoption Register Entries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NFD
Applicant
WC
Applicant
GNS
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants should be authorised to adopt NK, a minor.
- 2 Whether GNS should be appointed as the legal guardian of the minor.
- 3 Whether the child should be indicated as born in Kenya.
Ratio Decidendi
The court found that the Applicants met all statutory requirements for adoption, including the submission of necessary affidavits, statements, and a positive report from the Nairobi County Children Services. The Applicants demonstrated a suitable relationship with the minor, and all parties, including the proposed legal guardian, appeared in court and confirmed their understanding and consent. The court determined that the adoption was in the best interests of the child, and that the Applicants were fit and proper persons to adopt NK. Accordingly, the court allowed the application, authorised the adoption, appointed GNS as legal guardian, and made consequential orders regarding the...
Court Disposition
application allowed
Orders
- The Applicants are authorised to adopt NK, minor, who shall be known as NKD.
- GNS is appointed as the legal guardian of the minor.
Full Case Text
Judgment text and source record
20 paragraphs
In re NK (Minor) (Adoption Cause E019 of 2024) [2024] KEHC 4149 (KLR) (30 April 2024) (Judgment)
Neutral citation: [2024] KEHC 4149 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Adoption Cause E019 of 2024
HK Chemitei, J
April 30, 2024
In the matter of
NFD
1st Applicant
WC
2nd Applicant
Judgment
1. In their Originating Summons dated 31st January 2024 the Applicants pray for the following orders:-(a)That the Applicants be authorised to adopt NK a minor who is to be known as NKD and the Registrar General be directed to enter this in the Adoption Register.(b)That GNS be appointed as the legal guardian of the minor.(c)That the child be indicated to have been born in Kenya.
2. The application is based on the statement and the sworn affidavits of the Applicants.
3. When the matter came up on 4th March 2024 the court granted the interim orders and directed that a report be made by the Children’s department.
4. When the matter came up for hearing on 22nd April 2024 the parties presented themselves in court including the minor, the Applicants and the legal guardian.
5. All the parties understood their position. The court also perused the report dated 8th April 2024 from the Nairobi County Children Services which was positive.
6. Taking the cumulative reports on record and the attached evidence, the history of the Applicants as well as their relationships with the minor this court finds the Originating summons meritorious and the same is hereby allowed as hereunder(a)The Applicants are hereby authorised to adopt NK, minor and shall be called NKD(b)GNS is hereby appointed as the legal guardian.(c)SMM is hereby discharged as guardian ad litem(d)Costs in the cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 30THDAY OF APRIL 2024. H K CHEMITEIJUDGE