[2024] KEHC 1998 (KLR)
The court found that the applicant had complied with all statutory requirements for adoption, as evidenced by the supporting affidavits, departmental reports, and oral interviews. The Children’s Department report was favorable, and the applicant demonstrated understanding of her responsibilities. The legal guardian,...
Source-derived case information.
- Citation
- [2024] KEHC 1998 (KLR)
- Parties
- Applicant: EWK; Respondent: SK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E149 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating summons allowed as prayed. No order as to costs.
- 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
EWK
Applicant
SK
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption of the minor.
- 2 Whether the appointment of SK as legal guardian is appropriate.
Ratio Decidendi
The court found that the applicant had complied with all statutory requirements for adoption, as evidenced by the supporting affidavits, departmental reports, and oral interviews. The Children’s Department report was favorable, and the applicant demonstrated understanding of her responsibilities. The legal guardian, SK, was also found suitable and willing to act in the best interests of the minor. The court concluded that granting the adoption would serve the welfare and best interests of the child, and that the application was meritorious.
Court Disposition
Originating summons allowed as prayed. No order as to costs.
Orders
- The applicant is authorised to adopt Baby RZA, who shall be known as NM.
- The Registrar General is directed to enter this adoption into the Adoption Register.
Full Case Text
Judgment text and source record
20 paragraphs
In re RZA (Subject) (Adoption Cause E149 of 2023) [2024] KEHC 1998 (KLR) (Family) (29 February 2024) (Judgment)
Neutral citation: [2024] KEHC 1998 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E149 of 2023
HK Chemitei, J
February 29, 2024
IN THE MATTER OF RZA...............SUBJECT
In the matter of
EWK
Applicant
Judgment
1. By her Originating summons dated 17th July 2023 the applicant prays for the following orders;(a)That the applicant be authorised to adopt Baby RZA an infant who is to be known as NM and the Registrar General be directed to enter this adoption into the Adoption Register.(b)That SK be appointed as the legal guardian of the minor who shall be presumed to have been born in Kenya.
2. The application is based on the supporting affidavits and the statement of the applicant dated even date.
3. The court directed that a report be prepared by the Children’s Department and the same was presented before court and it is dated 26. 1.24.
4. The court had the occasion of seeing and interviewing the applicant, as well as the legal guardian online when they appeared. They all understood their role and responsibilities.
5. Looking at the entire supporting documents from the various departments and agencies as well as the oral interview by the court and more significantly the report by the Director of children’s services, I do find that the application is meritorious and has met the set out requirements.
6. In the premises the Originating summons is hereby allowed as prayed with no order as to costs.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 29 FEBRUARY 2024. H K CHEMITEIJUDGE