In re LM (Child) (Adoption Cause E002 of 2022) [2023] KEHC 25680 (KLR) (16 November 2023) (Judgment)
- Court
- High Court of Kenya
- Case number
- 25680
- Citation
- [2023] KEHC 25680 (KLR)
- Decided
- 16 November 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAdoptionPostureAppeal from the original trialCoramFN MUCHEMI
Holding
The court allows the prayers in the Amended Originating Summons, authorizing the applicants to jointly adopt Baby LM and appointing the 2nd applicant as the legal guardian.
Facts
The child LM was born on 28th October 2012 and is 10 years and 10 months old. The Change Trust declared the child free for adoption. The 2nd applicant is the biological mother, and the 1st applicant is her husband. The couple is legally married and financially capable of adopting the child.
Issues
- Whether the applicants have satisfied the legal requirements under the Children’s Act to be granted the orders of adoption.
- Whether the moratorium on adoption by foreign nationals can be waived in this case.
Reasoning
The court found that the applicants meet the suitability criteria and that the adoption serves the best interests of the child. The moratorium was waived due to the couple's legal marriage and financial capability.
Outcome
Adoption granted
Orders
- Joint adoption of Baby LM
- Appointment of 2nd applicant as legal guardian
Authorities cited
Legislation (2)
- Children’s Act 2022
- Marriage Act 2014
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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