[2024] KEHC 15901 (KLR)
The court found that the applicants had provided sufficient evidence of their suitability to adopt Baby WS, supported by a positive report from the Children’s Department. The oral examination of the applicants and proposed guardians confirmed their understanding of their roles and responsibilities. The court was...
Source-derived case information.
- Citation
- [2024] KEHC 15901 (KLR)
- Parties
- Applicant: OWM; Applicant: TNM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E247 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating Summons allowed as prayed.
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Minors, Appointment of Guardians, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
OWM
Applicant
TNM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be authorised to adopt Baby WS and rename the child as GW.
- 2 Whether ANM and PKM should be appointed as legal guardians of the child.
- 3 Whether the child should be presumed to have been born in Kenya.
Ratio Decidendi
The court found that the applicants had provided sufficient evidence of their suitability to adopt Baby WS, supported by a positive report from the Children’s Department. The oral examination of the applicants and proposed guardians confirmed their understanding of their roles and responsibilities. The court was satisfied that the adoption would serve the best interests of the child, and that the proposed legal guardians were appropriate. Accordingly, the court allowed the application as prayed, authorising the adoption, appointing the legal guardians, and presuming the child was born in Kenya.
Court Disposition
Originating Summons allowed as prayed.
Orders
- The applicants are authorised to adopt Baby WS, who shall be known as GW.
- The Registrar General is directed to enter the adoption in the Adoption Register.
Full Case Text
Judgment text and source record
21 paragraphs
In re WS (Baby) (Adoption Cause E247 of 2023) [2024] KEHC 15901 (KLR) (Family) (5 December 2024) (Judgment)
Neutral citation: [2024] KEHC 15901 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E247 of 2023
HK Chemitei, J
December 5, 2024
In the matter of
OWM
1st Applicant
TNM
2nd Applicant
Judgment
1. The Applicants Originating Summons dated 22nd November 2023 seeks orders that:-(a)The Applicants be authorised to adopt Baby WS a minor who is to be known as GW and the Registrar General be directed to enter this in the Adoption Register.(b)ANM and PKM be appointed as the legal guardians of the child.(c)The child be presumed to be born in Kenya.
2. The application is based on the joint statements by the Applicants as well as bundles of documentary evidence from state and other agencies.
3. When the matter came up for hearing on 25th January 2024 the court directed the Children’s Department to prepare a report. The said report which is on record dated 18th March 2024 is positive.
4. The court had the opportunity to examine orally the parties including the proposed legal guardians on 3rd October 2024 and they all understood their roles.
5. In the premises the Originating Summons is hereby allowed as prayed.
6. Costs shall be in the cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 5TH DAY DECEMBER 2024. H K CHEMITEIJUDGE