[2024] KEHC 7394 (KLR)
The court found that the applicants met all statutory requirements for adoption, including suitability as adoptive parents, the positive recommendation from the Director of Children’s Services, and the presence and consent of all relevant parties. The court was satisfied that the adoption was in the best interests...
Source-derived case information.
- Citation
- [2024] KEHC 7394 (KLR)
- Parties
- Applicant: DNI; Applicant: JWN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E245 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating summons allowed as prayed. Adoption granted.
- 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
DNI
Applicant
JWN
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be allowed to adopt the child currently identified as Baby SK.
- 2 Whether the child should be declared a Kenyan citizen by birth and entitled to all rights and benefits thereof.
- 3 Whether the proposed legal guardians are suitable in the event the applicants are incapacitated.
Ratio Decidendi
The court found that the applicants met all statutory requirements for adoption, including suitability as adoptive parents, the positive recommendation from the Director of Children’s Services, and the presence and consent of all relevant parties. The court was satisfied that the adoption was in the best interests of the child, that the child should be declared a Kenyan citizen by birth, and that the proposed legal guardians were suitable. The court therefore allowed the originating summons as prayed, granting all orders sought by the applicants.
Court Disposition
Originating summons allowed as prayed. Adoption granted.
Orders
- The applicants are allowed to adopt the child currently identified as Baby SK, who shall henceforth be called GAKI.
- The child’s place and date of birth is declared to be Athi River, Machakos.
Full Case Text
Judgment text and source record
22 paragraphs
In re SK (Subject) (Adoption Cause E245 of 2023) [2024] KEHC 7394 (KLR) (Family) (20 June 2024) (Judgment)
Neutral citation: [2024] KEHC 7394 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E245 of 2023
HK Chemitei, J
June 20, 2024
In the matter of
DNI
1st Applicant
JWN
2nd Applicant
Judgment
1. The Originating summons dated 11. 11. 23 the Applicants pray for the following orders:-(a)That the Applicants be allowed to adopt the child currently identified as Baby SK and henceforth the child be called GAKI.(b)That the child’s place and date of birth be declared to be Athi River Machakos.(c)That the child be presumed a Kenyan citizen by birth and consequently entitled to all rights and benefits in respect thereof.(d)That AWKu and SMM 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.(e)That the guardian ad litem be discharged.(f)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, the statement in support and the applicant’s affidavits.
3. The matter came up before court on 25th January 2024 and the court directed the Director of children’s services to prepare a report. The said report has been filed and is dated 2nd April 2024. The same is positive.
4. When the matter came up for hearing all the parties were present including the subject, the legal guardians and the representatives of the Children’s Services.
5. The parties understood their responsibilities and the consequences of adoption.
6. In the premises and based on the documentary evidence on record the court finds merit in the originating summons and the same is hereby allowed as prayed.
7. Costs shall be in the cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 20THDAY OF JUNE 2024. H K CHEMITEIJUDGE