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In re KNM alias SBM (Minor) (Adoption Cause E008 of 2022) [2024] KEHC 532 (KLR) (29 January 2024) (Ruling)

[2024] KEHC 532 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
532
Citation
[2024] KEHC 532 (KLR)
Decided
29 January 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAdoptionPostureApplication for AdoptionCoramHM NYAGA
Holding

The applicant is authorized to adopt the child and the child is presumed to be a Kenyan citizen by birth.

Facts

The child was abandoned and no one claimed him. The child was found and taken to Nakuru Police Station. The Child Welfare Society of Kenya declared the child available for adoption. The applicant, a single female, sought to adopt the child.

Issues

  1. Whether the applicant is deserving of the orders sought
  2. Whether the orders would be in the best interest of the child

Reasoning

The court considered the best interest of the child and the applicant's ability to provide a conducive home and family environment.

Outcome

The application for adoption is allowed.

Orders

  • The applicant is authorized to adopt the child and the child is called SBM.
  • The child is presumed to be a Kenyan citizen by birth.
  • The Registrar-General makes the appropriate entries in the adopted children's register.
  • EO is appointed as the legal guardian.
  • The guardian ad litem is discharged.

Authorities cited

Legislation (2)
  • Children's Act, 2022
  • United Nations Convention on the Rights of the Child
Cases cited (5)
  • In re Baby AKP (Child) [2021] eKLR
  • Weller & Others vs Associated Newspapers Ltd {2015} ALL ER (D) 194
  • Children's Act the Geneva Declaration of the Rights of the Child {1924}
  • In Re B(Baby)[2018]eKLR
  • Kenya's Constitution
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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