[2014] KEHC 1486 (KLR)
The court found that the applicants, being husband and wife, had fulfilled all statutory requirements for adoption under the Children Act, 2001. The adoption was within the family, with the 2nd applicant being the biological mother of the child. The court was satisfied that the consent of the biological mother had...
Source-derived case information.
- Citation
- [2014] KEHC 1486 (KLR)
- Parties
- Applicant: C M G; Applicant: G W N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 324 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- MW Muigai
- Legal Topics
- Adoption Within Family, Best Interest of Child, Consent of Biological Parent
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
C M G
Applicant
G W N
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have fulfilled all legal requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption is in the best interest of the child.
- 3 Whether the consent of the biological parent has been properly obtained.
Ratio Decidendi
The court found that the applicants, being husband and wife, had fulfilled all statutory requirements for adoption under the Children Act, 2001. The adoption was within the family, with the 2nd applicant being the biological mother of the child. The court was satisfied that the consent of the biological mother had been properly obtained and that the applicants were financially and emotionally capable of providing for the child. Reports from the Adoption Society, the Director of Children’s Services, and the guardian ad litem were all favourable, confirming the applicants' suitability and the child's best interests. The court observed the bond between the applicants and the child and noted...
Court Disposition
adoption granted
Orders
- The applicants, C M G and G W N, are allowed to adopt the child, T M N.
- The child shall henceforth be known as T M N M.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 324 OF 2013
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF TIMOTHY M N (CHILD)
C M G .…………………....…………………………………1ST APPLICANT
G W N …………….......……................................... 2ND APPLICANT
J U D G M E N T
The applicants, C M G and G W N, are husband and wife. They were married on 9th August 2008. The 1st applicant is a lecturer at [particulars withheld] while the 2nd applicant is a curriculum developer currently working for the [particulars withheld] in Nairobi. The 1st applicant was married to the late E W from 1979 until 2007 when she died. They were blessed with two (2) children who are now adults. The 2nd applicant was married to the late S M N from 1995 until 2005 when he died. They were also blessed with two (2) children of their own aged respectively 17 and 13 years. They have applied to this court to be allowed to adopt T M (the child). The child was born on 15th January 1997. He is the son of the 2nd applicant. This is therefore an adoption within the family.
Prior to the hearing of the adoption, Kenya Children's Home, an Adoption Society, prepared a report which is filed in court. They also issued a certificate declaring the child free for adoption. The certificate is dated 12th September 2013. The Director of Children’s Services also prepared a report which is on record. The guardian ad litem, J G K, prepared a report which has been filed in court. All the reports are favourable and recommend that the court allows the applicants to adopt the child. I have evaluated the facts of this adoption. This is a local adoption. It is also an adoption within the family. It is evident that the applicants have fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological mother of the child has been obtained. This court is satisfied that the applicants are qualified and able to take care of the child. The home visits by the guardian ad litem, the Adoption Society and the Director of the Children Services established that the applicants have the financial and emotional capability to provide for the upkeep and education of the child. This court observed that the applicants with the child in court. It was evident that in the period that the applicants have had the custody of the child, the child has bonded well with them. The child considers the applicants his parents. The biological children of the applicants have accepted the child as their sibling.
This court formed the opinion that it would be in the best interest of the child to be adopted by the applicants. I allow the applicants’ application for adoption. The applicants, C M G and G W N, are hereby allowed to adopt the child, T M N. Henceforth the child shall be known as T M N M. F K M and J W N, the brother and sister in-law to the biological father of the child shall be the legal guardians of the child should such eventuality arise. I direct the Registrar General to enter this order in the adoption register. I hereby discharge the guardian ad litem. It is so ordered.
DATED AT NAIROBI THIS 31ST DAY OF OCTOBER, 2014
M. MUIGAI
JUDGE