In re Baby MFB (Minor) [2024] KEHC 2461 (KLR)

In re Baby MFB (Minor) (Adoption Cause E159 of 2023) [2024] KEHC 2461 (KLR) (Family) (7 March 2024) (Judgment)

Neutral citation: [2024] KEHC 2461 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E159 of 2023

HK Chemitei, J

March 7, 2024

In the matter of

RSC

Applicant

Judgment

1. In her originating summons dated May 12, 2023 the applicant prays for the following orders:-(a)Spent(b)Spent(c)Spent(d)That a presumption order do issue that the minor M FB a.k.a MB a.k.a DMM Kehr is a citizen of Kenya.(e)That the applicant be authorised to adopt M FB a.k.a MB a.k.a DMM Kehr the child.(f)That upon adoption the child be known as DMM Kehr.(g)That the registrar general make an entry in the Adopted Children Register of this adoption in accordance with the adoption order herein.

2. The application is supported by the applicant’s statement thereof and the sworn affidavit dated May 12, 2023.

3. The court on October 26, 2023 allowed the chamber summons application appointing the guardian ad litem and directed that a report be prepared by the children’s department.

4. When the matter came up for hearing all the parties presented themselves online and the court was able to interview or interrogate them.

5. The court has equally perused the report dated November 6, 2023 from the children’s department and in particular the peculiar circumstances namely the issue of the applicants age. This court agrees with the reasoning of the said officers and that the interest of the child was paramount. The report is otherwise positive.

6. The court has equally perused the other supporting documentation from the other agencies which have no adverse comments against the applicant.

7. Consequently, and putting the best interest of the child into perspective the originating summons herein is hereby allowed as prayed.

8. PNK is hereby discharged as guardian ad litem.

9. Costs in the cause.

DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 7THDAY OF MARCH 2024. H K CHEMITEIJUDGE