In re Baby SAM (Minor) [2024] KEHC 8582 (KLR)

In re Baby SAM (Minor) (Adoption Cause E095 of 2023) [2024] KEHC 8582 (KLR) (Family) (11 July 2024) (Judgment)

Neutral citation: [2024] KEHC 8582 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E095 of 2023

HK Chemitei, J

July 11, 2024

IN THE MATTTER OF BABY SAM (MINOR)

In the matter of

MMM

1st Applicant

PMM

2nd Applicant

Judgment

1. In their Originating summons dated 11th August 2023 the Applicant prays for orders that:-(a)PMM be appointed as guardian ad litem.(b)That the Director children’s department investigates the Applicant’s fitness to adopt and file a report.(c)That the Applicants be authorised to adopt Baby SAM to be known as SAMM.(d)That MWM be appointed the legal guardian of the child.(e)That the Registrar General be ordered to enter the child’s name in the Adoption Register.(f)That the child be considered a Kenyan citizen.

2. The application is based on the grounds thereof and the Applicants sworn affidavits.

3. The court on 29th June 2023 directed that reports be prepared by the Children’s Department concerning the suitability or otherwise of the applicants to be allowed to adopt.

4. The said report dated 6th November 2023 is on record and it is positive.

5. The parties attended court on 21st March 2024 and the court was able to see and interview them orally online. They all agreed that they understood the entire process and the implication.

6. Consequently, and looking at the documentary evidence on board this court finds merits in the Originating summons and it is hereby allowed as prayed.

7. Costs in the cause.

DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 11THDAY OF JULY 2024. H K CHEMITEIJUDGE