In re JAA (Minor) [2024] KEHC 5198 (KLR)

In re JAA (Minor) (Adoption Cause E001 of 2024) [2024] KEHC 5198 (KLR) (12 February 2024) (Ruling)

Neutral citation: [2024] KEHC 5198 (KLR)

Republic of Kenya

In the High Court at Mombasa

Adoption Cause E001 of 2024

G Mutai, J

February 12, 2024

N THE MATTER OF: CHILDREN’S ACT NO. 29 OF 2022

AND

IN THE MATTER OF: JAA (MINOR)

IN THE MATTER OF: APPLICATION FOR ORDERS OF ADOPTION OF

THE BABY JAA (MINOR) BY OAH OMAR & FA EL-B

Between

OAHO

1st Applicant

FAE

2nd Applicant

and

Change Trust

Respondent

Ruling

1. Before me is the chamber summon dated 22nd January 2024 vide he said application the applicants seek 4 orders of the 4 orders praying 1 is due for determination at this point.

2. Prayer 1 seeks the following order “that this honorable court be pleased to grant leave to the applicants to appear virtually during these proceedings” the basis for the said prayer is that the applicants reside in Ontario, Canada . It is stated that they are unable to attend court session physically due to the travel logistics and costs.

3. The 1st applicant is related to the minor the subject to these proceedings by virtual of being his maternal uncle. The minor was born on 17th October 2006. His father is deceased while the Mother has given consent to the adoption. The child was declared as being free for adoption by Change Trust on 28th November 2023 vide certificate seral number xxxxx. The child was entered to the adoption through his handwritten letter dated 21st November 2023.

4. Should the court allow the applicants I have considered the application and the supporting documents. In my view the application is merited. The same is allowed with no orders as to costs.

5. It is so ordered

DATED AND SIGNED THIS 12TH DAY OF FEBRUARY 2024 AT MOMBASAGREGORY MUTAIJUDGEIn the presence of;Ms Mwashushe for the applicants