In re Baby PF [2023] KEHC 17508 (KLR)

In re Baby PF (Adoption Cause E127 of 2022) [2023] KEHC 17508 (KLR) (Family) (13 April 2023) (Judgment)

Neutral citation: [2023] KEHC 17508 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E127 of 2022

DKN Magare, J

April 13, 2023

IN THE MATTER OF THE CHILDREN’S (ACT NO. 29 of 2022)

AND

IN THE MATTER OF THE ADOPTION OF BABY PF

AND

IN THE MATTER OF AN APPLICATION FOR ADOPTION

BY

In the matter of

ENM

Applicant

Judgment

1. The Application cause was filed on July 23, 2022. It was made by ENM. She also filed an ex parte Chamber Summons dated June 17, 2022 for Appointment of the Guardian Ad litem.

2. GVC and for the Director of Children service to investigate the Applicant’s fitness.

3. The application was allowed on November 10, 2022. This matter was placed before me for hearing on April 12, 2023. I heard the Applicant together with the Assistant Director of children services and Mary Namiri from Buckner Kenya Adoption Services Ltd.

4. The Guardian Ad litem made a home visit and recommended the Application. The Legal Guardian also testified upon perusal of the application. I note that it is in compliance with Section 183 of the Children’s Act 2022.

5. The age difference between the minor and the Applicant is over 21 years. The Applicant is not yet 65 years and is not disqualified by dint of Section 186(2) and 4 of the Children’s Act.

6. I have also seen her financial resources and note that she is a proper person to adopt the minor herein.

7. In the circumstances I allow the application (Originating Summons) dated June 17, 2022 in the following terms;a.The Applicant ENM be allowed to adopt the child currently identified as baby PF to be renamed as PNM.b.The date of birth be declared as December 12, 2019. c.The child be presumed to be Kenyan by birth.d.BMM and SWN be appointed as the child’s Legal Guadian.e.The Guardian Ad litem be discharged.f.The Registrar General to enter this adoption in the register of adoption.g.The Registrar of Birth and Death do issue the baby with a birth certificate.h.The Director of Immigration be authorized to issue the child with a Kenyan passport.i.This file be sealed and closed.

DELIVERED, DATED AND SIGNED AT NAIROBI ON THIS 13TH DAY OF APRIL, 2023; JUDGMENT DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.HON. MR. JUSTICE DENNIS KIZITO MAGAREJUDGE OF THE HIGH COURT, NAIROBI