[2025] KEHC 6761 (KLR)
The court found that the applicant, as the child's grandmother, has been the primary caregiver since the death of the child's mother, providing for his welfare, education, and basic needs. The applicant has demonstrated financial stability and a fixed abode. The Guardian Ad Litem and the Department of Children...
Source-derived case information.
- Citation
- [2025] KEHC 6761 (KLR)
- Parties
- Applicant: JAC
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E002 of 2022
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- Application allowed. Adoption order and change of name granted.
- Judges
- A. Ong’injo
- Legal Topics
- Adoption of Child, Change of Name, Guardianship, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JAC
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicant should be allowed to adopt the subject child.
- 2 Whether the change of the subject child's name should be granted.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant, as the child's grandmother, has been the primary caregiver since the death of the child's mother, providing for his welfare, education, and basic needs. The applicant has demonstrated financial stability and a fixed abode. The Guardian Ad Litem and the Department of Children Services both recommended the adoption, and there was no opposition to the application. The court held that the adoption and change of name are in the best interests of the child, satisfying the requirements of the Children Act. Accordingly, the adoption order and change of name were granted.
Court Disposition
Application allowed. Adoption order and change of name granted.
Orders
- JAC is authorized to adopt the subject child.
- The subject child's name is changed to NMMC.
Full Case Text
Judgment text and source record
19 paragraphs
In re NMM (Child) (Adoption Cause E002 of 2022) [2025] KEHC 6761 (KLR) (13 March 2025) (Ruling)
Neutral citation: [2025] KEHC 6761 (KLR)
Republic of Kenya
In the High Court at Migori
Adoption Cause E002 of 2022
A. Ong’injo, J
March 13, 2025
In the matter of
JAC
Applicant
Ruling
1. By an originating summons dated 12. 9.2022 the Applicant JAO sought for an order allowing her to adopt the subject child herein and that upon the said orders being issued the Childs name to be changed as per prayer 2 of the Application.
2. The said Application is supported by the Affidavit sworn on 12. 9.2022 annexing documents to show the subject was born on 29. 8.2013 to YBO who died on 11. 11. 2021 and that the subject who is the grandchild to the Applicant is a total orphan.
3. Assistant Chief’s letter dated 25. 3.2022 is also annexed introducing the Applicant as resident of Kanyingombe Sub location in Rongo Sub County and the grandmother of the subject herein.
4. Evidence has also been shown that since the demise of the subject’s mother the Applicant has been taking care of him and meeting his basic necessities including paying his fees at Aga Khan Academy Nairobi.
5. The Applicant has exhibited evidence that she has fixed abode and that she is Finance Officer Rongo University as per letter dated 23. 3.2022.
6. The application is also supported by the Affidavit of COM sworn on 2nd June 2024 who was appointed Guardian Ad Litem to the Subject child together with a report from The Department of Children Services Migori office dated 11th October 2023.
7. This court has considered the Originating Summons application dated 12. 9.2022 together with affidavits in support and with the Applicant’s statement and all the annextures and it is hereby ordered that JAC of ID NO. 1XXXX adopts the subject herein. Prayer 2 of the Application is allowed to the effect that the subject child’s name be changed to read NMMC. The Guardian Ad Litem will continue performing his duties as stated in the order appointing as such.
DELIVERED, DATED AND SIGNED AT MIGORI THIS 13TH DAY OF MARCH 2025. A. ONG’INJOJUDGEIn presence of; -Victor_ Court AssistantMr. Ojala Advocate for the Applicant