In re MA aka NM (Baby) [2024] KEHC 1407 (KLR)

In re MA aka NM (Baby) (Adoption Cause E146 of 2023) [2024] KEHC 1407 (KLR) (Family) (15 February 2024) (Judgment)

Neutral citation: [2024] KEHC 1407 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E146 of 2023

HK Chemitei, J

February 15, 2024

In the matter of

GMK

Applicant

Judgment

1. The Originating Summons dated 18th July 2023 by the applicant prays for the following orders:(a)That the applicant herein be allowed to adopt the child currently identified as Baby Mary Achieng a.k.a Nilsa Mila.(b)That the child henceforth be renamed Nilsa Ivana Mumo.(c)That the child’s place and date of birth be declared to be 2nd January 2022 in Mbagathi district hospital.(d)That the child be presumed a Kenyan citizen by birth and consequently entitled to all rights and benefits in respect thereof including issuance of post adoption certificate of birth and passport.(e)That Gertrude Wangari Karanja and Antony Munyeke Musyoki be appointed as legal guardians in the event that the applicant herein is incapacitated or in any way unable to discharge her parental obligations.(f)That the guardian ad litem be discharged.(g)That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register.

2. The application is premised on the grounds thereof and the statements and the applicants sworn affidavit.

3. The court further directed the Directorate of Children’s Services to prepare its report pursuant to the orders issued on 21st September 2023.

4. The court has perused the report dated 23rd November 2023 from the Children’s Department which appears positive.

5. The court has equally perused all the supporting documents prepared by various agencies as well as the guardian ad litem which in my view are favourable.

6. In the premises and having seen the parties online the Originating Summons herein is hereby allowed as prayed with no order as to costs.

DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 15TH DAY OF FEBRUARY 2024. H K CHEMITEIJUDGE