[2019] KEHC 5222 (KLR)
The court found that the applicant had already been granted adoption orders and that the omission of the preferred name in the original application was inadvertent. The court held that changing the child's name to reflect the adoptive family's name is in the best interest of the child, as it supports the child's...
Source-derived case information.
- Citation
- [2019] KEHC 5222 (KLR)
- Parties
- Applicant: RN
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 40 of 2017
- Procedural Posture
- Adoption Cause / Ruling on Post Adoption Name Change Application
- Outcome
- application allowed
- Judges
- AG Ndung'u
- Legal Topics
- Adoption Orders, Child Name Change, Best Interest of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
RN
Applicant
Procedural Posture
Adoption Cause / Ruling on Post Adoption Name Change Application
Legal Issues
- 1 Whether the court should allow the change of the adopted child's name from Baby KP to KNN.
- 2 Whether the name change is in the best interest of the child.
Ratio Decidendi
The court found that the applicant had already been granted adoption orders and that the omission of the preferred name in the original application was inadvertent. The court held that changing the child's name to reflect the adoptive family's name is in the best interest of the child, as it supports the child's identity and integration into the family. There was no evidence of prejudice to the child, and the application was therefore meritorious.
Court Disposition
application allowed
Orders
- The name of the child/subject is changed from Baby KP to KNN.
- The Registrar General is to make an entry in the Adopted Children’s Register to that effect.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE NUMBER 40 OF 2017
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY KP
AND
RN ......... APPLICANT
RULING
1. The notice of motion before court is dated 10th June, 2019. The orders sought are;
1. THATthis Honourable Court be pleased to make an order that the name of the Child/Subject be changed from Baby KP to KNN.
2. THATthis Honourable Court do make an order that the Registrar General that an entry be made in the Adopted Children’s Register to that effect.
3. THATcost of this application be provided for.
2. It is based on grounds;
1. THAT the Applicant herein has met all legal requirements for adoption and has been granted adoption orders dated 14th May, 2019.
2. THAT the applicant wishes to change the name of the adopted child to reflect the applicant family’s name.
3. THAT the orders sought by the applicant herein will not in any way prejudice the best interest of the child.
3. It is further supported by the affidavit of RWN sworn on the 10th June, 2019.
4. The applicant’s case is that adoption orders in respect of Baby KP were made in her favour on 14th May, 2019. As the time the adoption orders were made the preferred name to be assumed by Baby KP was omitted from the originating summons filed and as such the name was omitted.
5. It is the desire of the applicant that the name of the child/subject be changed from Baby KP to KNN. It is urged that such an order will not be prejudicial to the child.
6. I have considered the application before court. I note that the desire of the applicant to have the child’s name changed to reflect the family name is apt as upon adoption the said child has become part of the applicant’s family.
7. It is in the best interest of the child that her name be changed to reflect the family name and this will have a high premium as the child grows up in so far as the child’s identity and identifying with her adopting family is concerned.
8. There is no prejudice to be visited on the child.
9. The application has merit and is allowed in terms of prayer 1 and 2. Costs shall be in the cause.
DatedandDeliveredatNakuruthis11thday ofJuly, 2019.
A. K. NDUNG'U
JUDGE