[2024] KEHC 322 (KLR)
The court found that the applicant had complied with all legal requirements for adoption, including the provision of a positive report from the Director of Children’s Services and satisfactory affidavit evidence. The court was satisfied that the adoption was in the best interests of the child, REM. The applicant was...
Source-derived case information.
- Citation
- [2024] KEHC 322 (KLR)
- Parties
- Applicant: MWM; Respondent: REM (Minor)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E227 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Application allowed as prayed. No order as to costs.
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Minors, Appointment of Guardian, Adopted Child Register
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MWM
Applicant
REM (Minor)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be authorized to adopt REM (the child).
- 2 Whether SM should be appointed as the legal guardian in the event of the applicant's death or incapacity before the child is of age.
- 3 Whether the Registrar General should be directed to enter the adoption into the Adopted Children’s Register.
Ratio Decidendi
The court found that the applicant had complied with all legal requirements for adoption, including the provision of a positive report from the Director of Children’s Services and satisfactory affidavit evidence. The court was satisfied that the adoption was in the best interests of the child, REM. The applicant was found suitable, and the proposed legal guardian, SM, was appropriate in the event of the applicant’s death or incapacity. The court therefore allowed the application as prayed, authorizing the adoption, appointing SM as legal guardian, and directing the Registrar General to enter the adoption in the Adopted Children’s Register.
Court Disposition
Application allowed as prayed. No order as to costs.
Orders
- The applicant is authorized to adopt REM (the child).
- SM is appointed the legal guardian of the child in the event of the applicant’s death or incapacity before the child is of age.
Full Case Text
Judgment text and source record
19 paragraphs
In re REM (Minor) (Adoption Cause E227 of 2023) [2024] KEHC 322 (KLR) (Family) (25 January 2024) (Judgment)
Neutral citation: [2024] KEHC 322 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E227 of 2023
HK Chemitei, J
January 25, 2024
IN THE MATTER OF REM (MINOR)
In the matter of
MWM
Applicant
Judgment
1. In her Originating Summons dated 3rd November 2023 the applicant prays for orders that;(a)The applicant be authorised to adopt R E M (the child)(b)That S M be appointed the legal guardian of the child in the event of the applicant’s death or incapacity before the child is of age.(c)That the Registrar General be directed to enter this adoption into the Adopted Children’s Register.
2. The application is based on the statement and the sworn affidavit of the applicant.
3. The court has perused the same together with the said annexures as well as the report from the Director Children’s services which is positive.
4. The court also interviewed the applicant on line and saw the minor as well as the guardian ad litem.
5. In view of the affidavit evidence and the reports on board this court finds merit in the Originating Summons and hereby allows it as prayed with no order as to costs.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 25TH DAY OF JANUARY 2024. H K CHEMITEI.JUDGE