[2024] KEHC 1349 (KLR)
The court found that the applicants had complied with all legal requirements for adoption, including the provision of necessary reports and affidavits. The Department of Children Services' report was favourable, and there were no objections from any party. The court was satisfied that the adoption was in the best...
Source-derived case information.
- Citation
- [2024] KEHC 1349 (KLR)
- Parties
- Applicant: KMM; Applicant: MAWK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E141 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Application allowed as prayed; no order as to costs.
- Judges
- HK Chemitei
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
KMM
Applicant
MAWK
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be allowed to adopt Baby W alias A.
- 2 Whether the child should be renamed IMM and declared a Kenyan citizen by birth.
- 3 Whether the proposed legal guardians should be appointed in the event of applicants' incapacity.
Ratio Decidendi
The court found that the applicants had complied with all legal requirements for adoption, including the provision of necessary reports and affidavits. The Department of Children Services' report was favourable, and there were no objections from any party. The court was satisfied that the adoption was in the best interests of the child, that the applicants were suitable to adopt, and that the proposed arrangements for guardianship and official documentation were appropriate. Accordingly, the application was allowed as prayed.
Court Disposition
Application allowed as prayed; no order as to costs.
Orders
- The applicants KMM and MAWK are allowed to adopt the child currently identified as Baby W alias A.
- The child shall henceforth be renamed IMM.
Full Case Text
Judgment text and source record
22 paragraphs
In re W alias A (Baby) (Adoption Cause E141 of 2023) [2024] KEHC 1349 (KLR) (Family) (15 February 2024) (Judgment)
Neutral citation: [2024] KEHC 1349 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E141 of 2023
HK Chemitei, J
February 15, 2024
IN THE MATTER OF ADOPTION OF BABY W alias A
In the matter of
KMM
1st Applicant
MAWK
2nd Applicant
Judgment
1. In their Originating Summons dated July 6, 2023 the applicants pray for the following orders that:(a)The applicants KMM and MAWK be allowed to adopt the child currently identified as Baby W alias A.(b)The child henceforth be renamed IMM(c)The child’s place and date of birth be declared to be 20th January 2020 in Nairobi County.(d)The child be presumed to be a Kenyan citizen by birth and consequently be entitled to all rights and benefits in respect thereof.(e)NK, CT, JKK and DMM be appointed as joint legal guardians of the child in the event that the applicants herein are incapacitated or in any way unable to discharge their parental obligations.(f)The guardian ad litem be discharged.(g)The Registrar General be directed to make appropriate entries in the Adopted Children’s Register and issue a certificate to that effect.(h)This honourable court be pleased to direct the relevant department under the Civil Registration Services to issue a Post Adoption Certificate of birth in respect to the child.(i)The Directorate of Immigration Services be directed to issue a passport to the child.
2. The application is supported by the grounds thereof, the applicant’s affidavits and the annexures thereto.
3. This court on September 21, 2023 had directed the Department of Children Services to prepare a report in respect to the minor and the parties herein.
4. The said report dated November 10, 2023 is on record and it is favourable to the applicants.
5. The court has perused the other pleadings on record which are all positive. The court was also able to see and talk to the parties online as well as saw the minor.
6. In the premises this court finds this application meritorious and the same is hereby allowed as prayed with no order as to costs.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 15TH DAY OF FEBRUARY 2024. H K CHEMITEIJUDGE