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In re AD aka Abandoned Child aka A (Child) (Adoption Cause E143 of 2022) [2023] KEHC 3546 (KLR) (Family) (20 April 2023) (Judgment)

[2023] KEHC 3546 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3546
Citation
[2023] KEHC 3546 (KLR)
Decided
20 April 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAdoptionPostureAppeal from the original trialCoramDennis Kizito Magare
Holding

The applicants are authorized to adopt the child and are appointed as Legal Guardians. The child is presumed to be Kenya by birth. The file is sealed and closed.

Facts

The child was abandoned and committed to Dagorreti Children’s Centre on 27/8/2014. The Child Welfare Society issued a report recommending adoption on 18/9/2015, and the child was declared free for adoption. The applicants were assessed and recommended for adoption, and the court appointed a Guardian Ad Litem. The child was placed with the applicants on 24/9/2015.

Issues

  1. Whether the applicants are proper persons to adopt the child
  2. Whether the child is presumed to be Kenya by birth
  3. Whether the applicants are appointed as Legal Guardians

Reasoning

The court found the applicants to be proper persons to adopt the child, with satisfactory financial and social reports. The child was placed with the applicants over 7 years ago, and the parents have bonded well with the child.

Outcome

Appeal allowed

Orders

  • HMK and JNM be authorized to adopt Abandoned baby AD AKA Abandoned child AKA baby A to be known as FDWM
  • The child is presumed to be Kenya by birth
  • ANN and PN are hereby appointed a Legal Guardians
  • The Guardian ad litem is discharged
  • The Registrar General is directed to enter this adoption in the Register of Adoptions
  • The Registrar of births and deaths is directed to use the child with a birth certificate
  • Director General of Immigration is authorized to issue the child with Kenyan passport
  • The le is sealed and closed
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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