[2024] KEHC 15739 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption under the Children’s Act, 2022. The Children’s Department report was positive, and there were no adverse comments or objections from any party. The court was satisfied that the adoption would serve the best interests of the child,...
Source-derived case information.
- Citation
- [2024] KEHC 15739 (KLR)
- Parties
- Applicant: PEMM; Applicant: MWM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E187 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating summons allowed as prayed.
- Judges
- HK Chemitei
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Consent Dispensation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
PEMM
Applicant
MWM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be allowed to adopt BABY NN alias FW B2.
- 2 Whether the consent of the biological parents should be dispensed with.
- 3 Whether the child should be declared a Kenyan citizen by birth and issued with a Kenyan passport.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption under the Children’s Act, 2022. The Children’s Department report was positive, and there were no adverse comments or objections from any party. The court was satisfied that the adoption would serve the best interests of the child, including her welfare and stability. The court also found sufficient grounds to dispense with the consent of the biological parents and to appoint the proposed legal guardians. Accordingly, the originating summons was allowed as prayed, granting all orders sought by the applicants.
Court Disposition
Originating summons allowed as prayed.
Orders
- The applicants are allowed to adopt BABY NN alias FW B2.
- The child shall henceforth be called OMM.
Full Case Text
Judgment text and source record
24 paragraphs
In re NN alias FW B2 (Baby) (Adoption Cause E187 of 2024) [2024] KEHC 15739 (KLR) (Family) (16 December 2024) (Judgment)
Neutral citation: [2024] KEHC 15739 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E187 of 2024
HK Chemitei, J
December 16, 2024
IN THE MATTER OF CHILDREN’S ACT, 2022 AND IN THE MATTER OF BABY NN alias FW B2
In the matter of
PEMM
1st Applicant
MWM
2nd Applicant
Judgment
1. In their Originating summons dated 2nd September 2024 the Applicants are seeking orders that:-(a)They be allowed to adopt BABY DN alias FWB2. (b)That the child be henceforth called OMM.(c)That the child’s birth be declared to be 9th December 2022 and her place of birth be declared to be Kiambu County.(d)The child be declared a Kenyan citizen by birth and be issued with a Kenyan passport.(e)The consent of biological parents be dispensed with.(f)The guardian ad litem be discharged and RNM and JWN be appointed legal guardians.(g)The Registrar General be directed to make appropriate entries in the Adopted Children’s Register.
2. The application is based on the grounds thereof and the Applicants’ joint statements in support dated the same date.
3. When the matter came on 30th October 2024 the court directed the Children’s Department to prepare a report which they did and it is dated 21st November 2024.
4. The said report is positive and has no adverse comments against the adoption process herein.
5. The court on 28th November 2024 was also able to see and interview all the parties online including the legal guardians and they all understood their roles.
6. The minor was as well brought to the court together with her twin sister.
7. In view of the above observations, the paper trail on record from different agencies all in support of the adoption, this court finds it meritorious and the Originating summons herein is allowed as prayed.
8. Costs in the cause.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 16THDAY OF DECEMBER 2024. H K CHEMITEIJUDGE