In re Estate of NH (Minor) [2023] KEHC 3514 (KLR)

In re Estate of NH (Minor) (Adoption Cause E023 of 2023) [2023] KEHC 3514 (KLR) (Family) (18 April 2023) (Judgment)

Neutral citation: [2023] KEHC 3514 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E023 of 2023

DKN Magare, J

April 18, 2023

IN THE MATTER OF THE CHILDREN ACT, 2001 AND IN THE MATTER OF BABY NATALIE HAWI – A MINOR

In the matter of

BAAO

1st Applicant

PMM

2nd Applicant

Judgment

1. The Applicant have applied to adopt NH, through Originating Summons dated 21/2/2023.

2. The Applicant had testified on 23/3/2023. This was the Guardian ad Litem. We started with the Applicant.

3. PW8 BAA and PW3 are the Applicants. Belinda is the mother of the child. They are married. This is thus Kinship adoption. The adoption mother is also the biological mother. The Report dated 27/03/2023 by the Children Services is Positive. The Guardian ad Litem’s report is also positive. The child was declared free for Foster father adoption vide certificate no xxxx by Buckner Kenya Adoption Services. They also produced a report dated 6/4/2023, which also recommends the adoption. The adoption is thus a Kingship adoption. With the biological mother in the picture, I am inclined to allow the application. The financial resources are also handsome.

4. This is a kinship adoption the perquisites of section 184 of the children’s act have fully been met the Applicant.

Determination 5. I allow the application in the following terms: -a.BAAO and PMM be authorized to adopt NH, a minor to be known as NHM.b.VO and WN be appointed as guardian ad litem.c.The Registrar General is hereby directed to enter this adoption into the registrar of adoption.d.The Registrar of deaths and birth do issue the child with a birth certificate.e.It is declared that the child was born in Kenya.f.The Director General Immigration to be authorized to issue the Applicant with a passport.g.This file is sealed and closed.

DELIVERED, DATED AND SIGNED AT MOMBASA ON THIS 18TH DAY OF APRIL, 2023. JUDGMENT DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.DENNIS KIZITO MAGAREJUDGEIn the presence of:Kemunto for the ApplicantCourt Assistant - Firdaus