[2023] KEHC 19362 (KLR)
The court found that the applicant had complied with all statutory requirements for adoption, including the filing of the necessary reports and affidavits, and that the welfare and best interests of the minor RI would be served by the adoption. The Director of Children Services and the legal guardian both supported...
Source-derived case information.
- Citation
- [2023] KEHC 19362 (KLR)
- Parties
- Applicant: HMO
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E001 of 2022
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application allowed
- Judges
- MS Shariff
- Legal Topics
- Adoption Procedure, Child Welfare, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HMO
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicant is fit to adopt the minor RI under the Children Act.
- 2 Whether all statutory requirements for adoption have been satisfied.
Ratio Decidendi
The court found that the applicant had complied with all statutory requirements for adoption, including the filing of the necessary reports and affidavits, and that the welfare and best interests of the minor RI would be served by the adoption. The Director of Children Services and the legal guardian both supported the application, and there was no evidence to the contrary. The court was satisfied that the applicant was fit to adopt the minor and that the adoption was in the best interests of the child. Accordingly, the application was allowed and the adoption order granted.
Court Disposition
application allowed
Orders
- The applicant HMO is authorized to adopt RI (minor).
- The Registrar General of Persons is ordered to make an entry of this adoption in the adopted childrens’ register.
Full Case Text
Judgment text and source record
13 paragraphs
In re RI (Child) (Adoption Cause E001 of 2022) [2023] KEHC 19362 (KLR) (30 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19362 (KLR)
Republic of Kenya
In the High Court at Kisumu
Adoption Cause E001 of 2022
MS Shariff, J
June 30, 2023
In the matter of
HMO
Applicant
Ruling
1. I have considered the Originating Summons dated April 23, 2021, the statement in support thereof, the report to declare a child free for adoption pursuant to section 156(1) of the Children Act No. 8 of 2001( now repealed), the further affidavit of Antoninet Adhiambo Otiende, the legal guardian sworn on December 19, 2022 and the child welfare report dated October 4, 2022 prepared by Humphrey Wandeo, the Deputy Director on behalf of the Director of Children Services Kisumu County and all attendant pleadings, requisite reports and the oral evidence of the minor and I do find the applicant fit to adopt the minor RI. I therefore allow her application herein and I make the following orders:-1. The applicant HMO be and is hereby authorized to adopt RI (minor).2. The Registrar General of Persons is hereby ordered to accordingly make an entry of this adoption in the adopted childrens’ register.It is hereby so ordered.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 30TH DAY OF JUNE, 2023. MWANAISHA S. SHARIFFJUDGEIn the presence of:Mr Ariho for the Applicant.