[2024] KEHC 7303 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption, including the filing of necessary documents, obtaining a positive report from the Children’s department, and the presence and confirmation of all parties during the hearing. The court was satisfied that the adoption was in...
Source-derived case information.
- Citation
- [2024] KEHC 7303 (KLR)
- Parties
- Applicant: Wycliffe Ochieng Olendo; Applicant: Anastasia Atieno Hongo; Respondent: Catherine Akinyi Hongo; Respondent: Francis Odour Oganga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E014 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Minors, Appointment of Guardians, Child Citizenship, Change of Name
- 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
Wycliffe Ochieng Olendo
Applicant
Anastasia Atieno Hongo
Applicant
Catherine Akinyi Hongo
Respondent
Francis Odour Oganga
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be allowed to adopt Baby Rebekah Bella aka Bella Sifa.
- 2 Whether the child should be renamed as Bella Sifa Olendo.
- 3 Whether the child should be declared a Kenyan citizen by birth.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements for adoption, including the filing of necessary documents, obtaining a positive report from the Children’s department, and the presence and confirmation of all parties during the hearing. The court was satisfied that the adoption was in the best interests of the child, that the applicants were suitable, and that the child would benefit from the adoption. The court therefore allowed the application as prayed, granting all orders sought, including the renaming of the child, declaration of citizenship, appointment of legal guardians, discharge of the guardian ad litem, and direction to the Registrar General to...
Court Disposition
application allowed
Orders
- The applicants Wycliffe Ochieng Olendo and Anastasia Atieno Hongo are allowed to adopt the child currently identified as Baby Rebekah Bella aka Bella Sifa.
- The child shall henceforth be known as Bella Sifa Olendo.
Full Case Text
Judgment text and source record
23 paragraphs
In re RB (Minor) (Adoption Cause E014 of 2024) [2024] KEHC 7303 (KLR) (Family) (20 June 2024) (Judgment)
Neutral citation: [2024] KEHC 7303 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E014 of 2024
HK Chemitei, J
June 20, 2024
IN THE MATTER OF BABY RB (MINOR)
In the matter of
WOO
1st Applicant
AAH
2nd Applicant
Judgment
1. In their Originating Summons dated 17th November 2023 the applicants are seeking the following orders:-(a)That the Applicants Wycliffe Ochieng Olendo and Anastasia Atieno Hongo be allowed to adopt the child currently identified as Baby Rebekah Bella aka Bella Sifa.(b)That henceforth the child be renamed as Bella Sifa Olendo.(c)That the child’s date and place of birth be declared to be 22nd May 2015 at Nyeri county.(d)That the child be presumed to be a Kenyan citizen by birth and consequently be entitled to all rights and benefits in respect thereof.(e)That Catherine Akinyi Hongo and Francis Odour Oganga be appointed as legal guardians of the child in the event that the Applicants herein are incapacitated or in any way unable to discharge their parental obligations.(f)That the guardian ad litem be discharged.(g)That 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 and the statement of the Applicant and the sworn affidavit dated 17th November 2023.
3. When the matter came up on 22nd February 2024 the court directed that a report be prepared by the Children’s department as well as appointed guardian ad litem.
4. The court has perused the report from the Children’s department dated 8th April 2024 and filed on 12th April 2024. The report details the Applicants as well as the subject herein. The same is positive.
5. When the matter came up for hearing, all the parties were present in court online and the court had the chance to interrogate each one of them beside seeing the minor.
6. In view of the documentary evidence on record and the confirmation by the parties during the court session, this court is of the view that the application is meritorious and the same is hereby allowed as prayed.
7. Costs shall be in the cause.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 20THDAY OF JUNE 2024. H K CHEMITEIJUDGE