[2024] KEHC 7445 (KLR)
The court found that the applicant met all statutory requirements for adoption and that the adoption was in the best interests of the child. The comprehensive report from the Children’s Department was positive, and all parties involved understood and accepted their roles. The court was satisfied that the applicant...
Source-derived case information.
- Citation
- [2024] KEHC 7445 (KLR)
- Parties
- Applicant: ANO; Respondent: SWM; Respondent: CN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E259 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating summons allowed. No order as to costs.
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Children, Legal Guardianship, Citizenship of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ANO
Applicant
SWM
Respondent
CN
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be allowed to adopt baby PK and rename the child EMNW.
- 2 Whether the child should be declared a Kenyan citizen by birth.
- 3 Whether SWM and CN should be appointed as legal guardians in the event of the applicant's incapacity.
Ratio Decidendi
The court found that the applicant met all statutory requirements for adoption and that the adoption was in the best interests of the child. The comprehensive report from the Children’s Department was positive, and all parties involved understood and accepted their roles. The court was satisfied that the applicant was suitable to adopt the child, that the child should be declared a Kenyan citizen by birth, and that the requested orders regarding guardianship, discharge of the guardian ad litem, and registration should be granted. Accordingly, the originating summons was allowed.
Court Disposition
Originating summons allowed. No order as to costs.
Orders
- The applicant is allowed to adopt the child currently identified as baby PK, who shall henceforth be called EMNW.
- The child’s place and date of birth is declared to be 3rd April 2018 at Kenyatta National Hospital.
Full Case Text
Judgment text and source record
20 paragraphs
In re PK (Child) (Adoption Cause E259 of 2023) [2024] KEHC 7445 (KLR) (Family) (20 June 2024) (Judgment)
Neutral citation: [2024] KEHC 7445 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E259 of 2023
HK Chemitei, J
June 20, 2024
IN THE MATTER OF BABY PK (CHILD) AND
In the matter of
ANO
Applicant
Judgment
1. The Originating summons dated 17th October 2023 prays for orders that:-(a)The Applicant be allowed to adopt the child currently identified as baby PK and henceforth be called EMNW(b)The child’s place and date of birth be declared to be 3rd April 2018 at Kenyatta National Hospital.(c)The child be presumed a Kenyan citizen by birth and entitled to all rights and benefits.(d)That SWM and CN be appointed as legal guardians of the child in the event that the applicant herein is incapable or incapacitated and unable to discharge her parental obligations.(e)The guardian ad litem be discharged.(f)The Registrar General be directed to make the appropriate entries in the Adopted Children’s Register.
2. The application is based on the grounds thereof, the statements and the sworn affidavit and the annexures to the affidavits of the Applicant.
3. On 25th January 2024 the court directed the Children’s Department to prepare a comprehensive report which they did and the same is dated 1st March 2024.
4. The said detailed report is positive about the Applicant and the minor child.
5. The court on 25th April 2024 was able to interview the parties online and they all appreciated their respective roles in this adoption exercise.
6. In the premises and based on the documentary evidence on record the originating summons is hereby allowed with no order as to costs.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 20TH DAY OF JUNE 2024. H K CHEMITEIJUDGE