[2024] KEHC 332 (KLR)
The court found that the applicants, now legally married, satisfied all statutory requirements for a joint adoption. The children’s services report was positive, and the court was satisfied after interviewing the parties. Although the subject of the adoption is now an adult, the court held that regularising the...
Source-derived case information.
- Citation
- [2024] KEHC 332 (KLR)
- Parties
- Applicant: INK; Applicant: BCO
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 118 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Application allowed; adoption order granted as prayed.
- Judges
- HK Chemitei
- Legal Topics
- Adoption Orders, Adult Adoption, Joint Adoption by Married Couple
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
INK
Applicant
BCO
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants, now legally married, should be authorised to jointly adopt NN JNR.
- 2 Whether the adoption order should authorise the child to be known as NNO.
- 3 Whether regularisation of paperwork is necessary given the subject is now an adult.
Ratio Decidendi
The court found that the applicants, now legally married, satisfied all statutory requirements for a joint adoption. The children’s services report was positive, and the court was satisfied after interviewing the parties. Although the subject of the adoption is now an adult, the court held that regularising the paperwork is necessary for the subject’s future. The application was therefore meritorious and allowed, with the adoption order granted as prayed.
Court Disposition
Application allowed; adoption order granted as prayed.
Orders
- The applicants are authorised to jointly adopt NN JNR.
- The child shall be known as NNO.
Full Case Text
Judgment text and source record
23 paragraphs
In re NN JNR (Child) (Adoption Cause 118 of 2018) [2024] KEHC 332 (KLR) (Family) (25 January 2024) (Judgment)
Neutral citation: [2024] KEHC 332 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause 118 of 2018
HK Chemitei, J
January 25, 2024
IN THE MATTER OF NN JNR(CHILD)
In the matter of
INK
1st Applicant
BCO
2nd Applicant
Judgment
1. In their Amended Originating Summons dated August 12, 2019 the applicants pray for orders that;(a)That the applicants now legally married be authorised to jointly adopt the child NN JNR.(b)That this court does issue adoption order authorising the adoption of NN JNR by the applicants as a married couple.(c)That upon making the adoption order the child be known as NNO.
2. The application is premised on the statement and the applicants sworn affidavits.
3. This court had earlier own granted prayers 1 and 2 of the Originating summons.
4. The court has perused the pleadings on board, the uniqueness of the relationship of the parties and the report by the children’s services which identifies the same. The report nonetheless is positive.
5. Despite the fact that the subject is now an adult it is imperative that the paperwork is regularise for the sake of their future endeavours.
6. This court had the occasion on December 14, 2023 to see the parties online and interviewed them.
7. In the premises the court finds the suit meritorious and it is hereby allowed. Costs shall be in the cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI 25TH DAY OF JANUARY 2024. H K CHEMITEI.JUDGE