In re W alias A (Baby) [2024] KEHC 1349 (KLR)

In re W alias A (Baby) (Adoption Cause E141 of 2023) [2024] KEHC 1349 (KLR) (Family) (15 February 2024) (Judgment)

Neutral citation: [2024] KEHC 1349 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E141 of 2023

HK Chemitei, J

February 15, 2024

IN THE MATTER OF ADOPTION OF BABY W alias A

In the matter of

KMM

1st Applicant

MAWK

2nd Applicant

Judgment

1. In their Originating Summons dated July 6, 2023 the applicants pray for the following orders that:(a)The applicants KMM and MAWK be allowed to adopt the child currently identified as Baby W alias A.(b)The child henceforth be renamed IMM(c)The child’s place and date of birth be declared to be 20th January 2020 in Nairobi County.(d)The child be presumed to be a Kenyan citizen by birth and consequently be entitled to all rights and benefits in respect thereof.(e)NK, CT, JKK and DMM be appointed as joint 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)The guardian ad litem be discharged.(g)The Registrar General be directed to make appropriate entries in the Adopted Children’s Register and issue a certificate to that effect.(h)This honourable court be pleased to direct the relevant department under the Civil Registration Services to issue a Post Adoption Certificate of birth in respect to the child.(i)The Directorate of Immigration Services be directed to issue a passport to the child.

2. The application is supported by the grounds thereof, the applicant’s affidavits and the annexures thereto.

3. This court on September 21, 2023 had directed the Department of Children Services to prepare a report in respect to the minor and the parties herein.

4. The said report dated November 10, 2023 is on record and it is favourable to the applicants.

5. The court has perused the other pleadings on record which are all positive. The court was also able to see and talk to the parties online as well as saw the minor.

6. In the premises this court finds this application meritorious and the same 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