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In re Baby JW (Adoption Cause E072 of 2022) [2023] KEHC 3055 (KLR) (Family) (9 March 2023) (Judgment)

[2023] KEHC 3055 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3055
Citation
[2023] KEHC 3055 (KLR)
Decided
9 March 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAdoptionPostureAppeal from the original trial outcomeCoramE.K. OGOLA, EKO OGOLA
Holding

The applicants are authorized to adopt the child, and the child is declared a Kenyan citizen by birth. The adoption will serve the best interests of the child.

Facts

The child, JW, was born on May 15, 2015, and was given up for adoption at birth by her mother, Ms. DNW. She was placed at The Nest Children's Home and later declared free for adoption by the Kenya Children's Adoption Society. The child was then placed in the custody of the applicants, SNG and MWN, under a Foster Care Agreement.

Issues

  1. Whether the applicants are suitable adoptive parents
  2. Whether the child is a Kenyan citizen by birth
  3. Whether the adoption will serve the best interests of the child

Reasoning

The court found the applicants financially stable, physically and mentally fit, and suitable adoptive parents. The child has bonded with the applicants and is a Kenyan citizen by birth.

Outcome

Appeal allowed

Orders

  • The applicants are authorized to adopt the child known as JW
  • The child is declared Kenyan citizen by birth
  • The Registrar General is directed to make appropriate entries in the Adopted Children's Register
  • The Registrar Immigration is directed to issue the child with a Kenyan Passport
  • EWG is appointed as Legal Guardian of the child

Authorities cited

Legislation (2)
  • Children’s Act, 2001
  • Constitution of Kenya, 2010
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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