[2012] KEHC 3782 (KLR)

[2012] KEHC 3782 (KLR)

The court found that the applicants had complied with all statutory requirements under the Children Act, including proper assessment and evaluation by the relevant authorities, and had cared for the child for the requisite period. The applicants were found to be suitable persons, motivated by the best interests of the child, and the adoption was not an international adoption as both applicants intended to reside in Kenya. The court was satisfied that the adoption was in the best interests of the child, that the applicants were proper persons to adopt, and that all legal procedures had been followed. Accordingly, the court granted the adoption order, extinguishing the rights of the natural...

Citation
[2012] KEHC 3782 (KLR)
Parties
Applicant: C O O; Applicant: M D M D M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
7 June 2012
Case Number
Adoption Cause 161 of 2011
Procedural Posture
Adoption Application / Judgment
Outcome
adoption granted
Judges
D Schofield
Legal Topics
Adoption Procedure, Kinship Adoption, Parental Rights Termination
Source Language
English
Family and Children Adoption Procedure Kinship Adoption Parental Rights Termination

Case Brief

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Parties

C O O

Applicant

M D M D M

Applicant

Procedural Posture

Adoption Application / Judgment

Legal Issues

  1. 1 Whether the applicants meet the legal requirements for adoption under the Children Act.
  2. 2 Whether the adoption is in the best interests of the child.
  3. 3 Whether all statutory procedures and safeguards have been complied with.

Ratio Decidendi

The court found that the applicants had complied with all statutory requirements under the Children Act, including proper assessment and evaluation by the relevant authorities, and had cared for the child for the requisite period. The applicants were found to be suitable persons, motivated by the best interests of the child, and the adoption was not an international adoption as both applicants intended to reside in Kenya. The court was satisfied that the adoption was in the best interests of the child, that the applicants were proper persons to adopt, and that all legal procedures had been followed. Accordingly, the court granted the adoption order, extinguishing the rights of the natural...

Court Disposition

adoption granted

Orders

  • The applicants, C O O and M D M D M, are authorized to adopt the child, Catherine Adhiambo aged 11 years.
  • The child shall henceforth be known as C A O D.