[2024] KEHC 333 (KLR)
The court, after reviewing the applicant's affidavit, annexures, and the report from the Director of Children Services, found that the applicant met the legal requirements for adoption under the Children’s Act No 8 of 2001. The court was satisfied that the applicant had the capacity to adopt and care for the minor...
Source-derived case information.
- Citation
- [2024] KEHC 333 (KLR)
- Parties
- Applicant: KMK; Respondent: AKN; Respondent: ZW
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E048 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating summons allowed as prayed.
- Judges
- HK Chemitei
- 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
KMK
Applicant
AKN
Respondent
ZW
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be authorised to adopt Baby RP and have the adoption entered into the Adoption Register.
- 2 Whether AKN and ZW should be appointed as legal guardians of the minor presumed born in Kenya.
Ratio Decidendi
The court, after reviewing the applicant's affidavit, annexures, and the report from the Director of Children Services, found that the applicant met the legal requirements for adoption under the Children’s Act No 8 of 2001. The court was satisfied that the applicant had the capacity to adopt and care for the minor as her own child. Consequently, the court allowed the application as prayed, authorising the adoption of Baby RP and appointing AKN and ZW as legal guardians.
Court Disposition
Originating summons allowed as prayed.
Orders
- The applicant is authorised to adopt Baby RP, who shall be known as RLP–L.
- The Registrar General is directed to enter this adoption into the Adoption Register.
Full Case Text
Judgment text and source record
18 paragraphs
In re RP (Child) (Adoption Cause E048 of 2023) [2024] KEHC 333 (KLR) (Family) (25 January 2024) (Judgment)
Neutral citation: [2024] KEHC 333 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E048 of 2023
HK Chemitei, J
January 25, 2024
IN THE MATTER OF CHILDREN’S ACT NO 8 OF 2001 AND IN THE MATTER OF ADOPTION OF BABY RP (THE CHILD)
In the matter of
KMK
Applicant
Judgment
1. By her originating summons dated March 29, 2023 the applicant prayed for the following orders:“(a)That the applicant be authorised to adopt Baby RP an infant who is to be known as RLP –L and the Registrar General be directed to enter this adoption into the Adoption Register.(b)that AKN and ZW be appointed as the legal guardians of the minor who shall be presumed to have been born in Kenya.”
2. The application is based on the applicant’s affidavit and the attached annexures. The applicant’s application to have the Director of Children Services prepare a report was allowed by this court on May 18, 2023.
3. The court has perused the said report dated July 5, 2023 as well as the other reports in respect to the minor and the applicant. This court is satisfied that the applicant has the capacity to adopt the minor and to take care of him just like her own child.
4. In the premises the originating summons is hereby allowed as prayed. Costs shall be in the cause.
Dated signed and delivered via video link at Nairobi this 25thday of January 2024. H K CHEMITEIJUDGE