In re RB (Minor) [2024] KEHC 7303 (KLR)

In re RB (Minor) (Adoption Cause E014 of 2024) [2024] KEHC 7303 (KLR) (Family) (20 June 2024) (Judgment)

Neutral citation: [2024] KEHC 7303 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E014 of 2024

HK Chemitei, J

June 20, 2024

IN THE MATTER OF BABY RB (MINOR)

In the matter of

WOO

1st Applicant

AAH

2nd Applicant

Judgment

1. In their Originating Summons dated 17th November 2023 the applicants are seeking the following orders:-(a)That the Applicants Wycliffe Ochieng Olendo and Anastasia Atieno Hongo be allowed to adopt the child currently identified as Baby Rebekah Bella aka Bella Sifa.(b)That henceforth the child be renamed as Bella Sifa Olendo.(c)That the child’s date and place of birth be declared to be 22nd May 2015 at Nyeri county.(d)That the child be presumed to be a Kenyan citizen by birth and consequently be entitled to all rights and benefits in respect thereof.(e)That Catherine Akinyi Hongo and Francis Odour Oganga be appointed as legal guardians of the child in the event that the Applicants herein are incapacitated or in any way unable to discharge their 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 based on the grounds thereof and the statement of the Applicant and the sworn affidavit dated 17th November 2023.

3. When the matter came up on 22nd February 2024 the court directed that a report be prepared by the Children’s department as well as appointed guardian ad litem.

4. The court has perused the report from the Children’s department dated 8th April 2024 and filed on 12th April 2024. The report details the Applicants as well as the subject herein. The same is positive.

5. When the matter came up for hearing, all the parties were present in court online and the court had the chance to interrogate each one of them beside seeing the minor.

6. In view of the documentary evidence on record and the confirmation by the parties during the court session, this court is of the view that the application is meritorious and the same is hereby allowed as prayed.

7. Costs shall be in the cause.

DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 20THDAY OF JUNE 2024. H K CHEMITEIJUDGE