In re FW (Child) [2024] KEHC 7444 (KLR)

In re FW (Child) (Adoption Cause E126 of 2023) [2024] KEHC 7444 (KLR) (Family) (20 June 2024) (Judgment)

Neutral citation: [2024] KEHC 7444 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E126 of 2023

HK Chemitei, J

June 20, 2024

In the matter of

GM

1st Applicant

JWN

2nd Applicant

Judgment

1. The Originating summons by the applicants dated 30th June 2023 prays for the following orders:-(a)That the Applicants herein be authorised to adopt Fiona Wambura and that the said child be called FWM.(b)That SWW be appointed legal guardian to the child in the event misfortunes befalls the Applicants.(c)That the consent of the biological parents be dispensed with.(d)That the Registrar General makes the appropriate entries into the Adopted Children Register.

2. The application is based on the applicant’s sworn affidavits and the annexures thereto.

3. The court on 27th July 2023 directed that a report be prepared by the Children’s Department in respect to the parties herein.

4. The said report which is positive dated 1st December 2023 and filed in court on 22nd April 2024 has been perused by this court.

5. On 25th April 2024 all the parties appeared online and the court was able to see and interview them orally. They all understood their respective responsibilities and the consequences of this adoption exercise.

6. Based on the above facts and the documentary evidence on record the originating summons is meritorious and the same is hereby allowed as prayed with no order as to costs.

DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 20TH DAY OF JUNE 2024. H K CHEMITEI.JUDGE