In re of KP(Baby) [2019] KEHC 5222 (KLR) | Adoption Orders | Esheria

In re of KP(Baby) [2019] KEHC 5222 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

ADOPTION CAUSE NUMBER 40 OF 2017

IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY KP

AND

RN ......... APPLICANT

RULING

1. The notice of motion before court is dated 10th June, 2019.   The orders sought are;

1. THATthis Honourable Court be pleased to make an order that the name of the Child/Subject be changed from Baby KP to KNN.

2. THATthis Honourable Court do make an order that the Registrar General that an entry be made in the Adopted Children’s Register to that effect.

3. THATcost of this application be provided for.

2. It is based on grounds;

1. THAT the Applicant herein has met all legal requirements for adoption and has been granted adoption orders dated 14th May, 2019.

2. THAT the applicant wishes to change the name of the adopted child to reflect the applicant family’s name.

3.  THAT the orders sought by the applicant herein will not in any way prejudice the best interest of the child.

3.  It is further supported by the affidavit of RWN sworn on the 10th June, 2019.

4.  The applicant’s case is that adoption orders in respect of Baby KP were made in her favour on 14th May, 2019.  As the time the adoption orders were made the preferred name to be assumed by Baby KP was omitted from the originating summons filed and as such the name was omitted.

5.  It is the desire of the applicant that the name of the child/subject be changed from Baby KP to KNN.  It is urged that such an order will not be prejudicial to the child.

6.  I have considered the application before court.  I note that the desire of the applicant to have the child’s name changed to reflect the family name is apt as upon adoption the said child has become part of the applicant’s family.

7. It is in the best interest of the child that her name be changed to reflect the family name and this will have a high premium as the child grows up in so far as the child’s identity and identifying with her adopting family is concerned.

8.  There is no prejudice to be visited on the child.

9.  The application has merit and is allowed in terms of prayer 1 and 2.  Costs shall be in the cause.

DatedandDeliveredatNakuruthis11thday ofJuly, 2019.

A. K. NDUNG'U

JUDGE