In re BP (Subject) [2024] KEHC 320 (KLR)

In re BP (Subject) (Adoption Cause E007 of 2020) [2024] KEHC 320 (KLR) (Commercial & Admiralty) (25 January 2024) (Judgment)

Neutral citation: [2024] KEHC 320 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Commercial and Admiralty

Adoption Cause E007 of 2020

HK Chemitei, J

January 25, 2024

IN THE MATTER OF B.P (SUBJECT)

In the matter of

LNM

1st Applicant

ACMW

2nd Applicant

Judgment

1. In their Originating Summons dated 17th July 2020 the applicants/plaintiffs pray for the following orders;(a)That this court does declare that the child B.P alias Abandoned Baby Girl a Kenyan citizen by birth.(b)That this court does dispense with the requirements of consent to the adoption as required by the provisions of Section 158 of the Children’s Act 2001. (c)That the applicants LNM and ACM, be authorised to adopt BP alias Abandoned Baby Girl (the child) .(d)Upon making of the adoption order, the child be known as TMM(e)That upon the making of the adoption order EMM be appointed as the legal guardian of the child as provided by the provisions of Section 164 of the Children’s Act 2001. (f)That the Registrar General do make an entry recording the adoption and the estimated date of birth of the child as (witheld) in the Adopted Children Register as provided for by section 170 of the Children’s Act 2001. (g)Costs be in the cause.

2. The application is supported by the sworn affidavit of the applicants dated the same date.

3. This court on 30th June 2022 granted the orders to the guardian ad litem and directed the Children’s services to file their report.

4. The court has perused the report from the Children’s services dated 13th April 2023 which is positive. The report of the guardian ad litem has equally been perused by the court just like all the reports concerning the minor or subject on board.

5. The court was also able to see and interview the parties online on 13th December 2023 including the subject.

6. Taking into consideration the evidence on record this court finds the petition meritorious and the same is hereby allowed with no order as to costs.

DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 25THDAY OF JANUARY 2024. H K CHEMITEIJUDGE.