In re EM (Subject) [2024] KEHC 14640 (KLR) | Adoption Orders | Esheria

In re EM (Subject) [2024] KEHC 14640 (KLR)

Full Case Text

In re EM (Subject) (Adoption Cause E01 of 2024) [2024] KEHC 14640 (KLR) (21 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14640 (KLR)

Republic of Kenya

In the High Court at Siaya

Adoption Cause E01 of 2024

DK Kemei, J

November 21, 2024

Between

VMO

1st Applicant

VOO

2nd Applicant

and

EM

Subject

Ruling

1. I have considered the Applicants Originating Summons dated 27/5/2024 together with the affidavits in support thereof. I have also considered the evidence of the Applicants and their witnesses. I have also considered the report by the Ugenya Children Officer dated 3rd November, 2024. It is noted that the circumstances of the adoption is one of kinship in which the relatives of both Applicants have no objection to the adoption application.

2. Already, the mother of the minor has given her consent to the adoption and thus has no objection thereto. It is noted that this is a kinship sort of adoption in which all the relatives are involved. The report by the Children Officer is quite comprehensive and recommends the adoption application in the best interest of the minor herein. Both the Guardian Ad Litem as well as the Legal Guardian have vouched for the Applicants’ ability to care for the minor herein. I am satisfied that the Applicants have presented evidence to justify the orders being sought in accordance with the provisions under the Children Act 2022 and the Citizenship and Immigration Act No.12 of 2011.

3. Consequently, I find merit in the application dated 27th May, 2024. The same is allowed as follows: -i.That upon the making of the adoption order the said child be known as Ebeny Mary Odhiambo.ii.That the Registrar General makes the appropriate entries in the Adopted Children Register.iii.That Linda Adhiambo Oduor and Joanes Odero be appointed Legal Guardian of the child Ebeny Mary.iv.The Guardian Ad Litem is hereby discharged.

DATED AND DELIVERED THIS 21STDAY OF NOVEMBER, 2024. D. KEMEIJUDGEIn the presence ofWere………for ApplicantsOgendo……Court Assistant