In re SK (Subject) [2024] KEHC 7394 (KLR)

In re SK (Subject) (Adoption Cause E245 of 2023) [2024] KEHC 7394 (KLR) (Family) (20 June 2024) (Judgment)

Neutral citation: [2024] KEHC 7394 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E245 of 2023

HK Chemitei, J

June 20, 2024

In the matter of

DNI

1st Applicant

JWN

2nd Applicant

Judgment

1. The Originating summons dated 11. 11. 23 the Applicants pray for the following orders:-(a)That the Applicants be allowed to adopt the child currently identified as Baby SK and henceforth the child be called GAKI.(b)That the child’s place and date of birth be declared to be Athi River Machakos.(c)That the child be presumed a Kenyan citizen by birth and consequently entitled to all rights and benefits in respect thereof.(d)That AWKu and SMM 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.(e)That the guardian ad litem be discharged.(f)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, the statement in support and the applicant’s affidavits.

3. The matter came up before court on 25th January 2024 and the court directed the Director of children’s services to prepare a report. The said report has been filed and is dated 2nd April 2024. The same is positive.

4. When the matter came up for hearing all the parties were present including the subject, the legal guardians and the representatives of the Children’s Services.

5. The parties understood their responsibilities and the consequences of adoption.

6. In the premises and based on the documentary evidence on record the court finds merit in the originating summons and the same is hereby allowed as prayed.

7. Costs shall be in the cause.

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