[2013] KEHC 3645 (KLR)

[2013] KEHC 3645 (KLR)

The court found that the applicants had complied with all statutory requirements for adoption as set out in the Children Act, 2001. The child, having been abandoned and unclaimed, was declared free for adoption by a registered adoption society. Reports from the guardian ad litem and the Director of Children’s Services were favorable and confirmed that the adoption would serve the best interests of the child. The court was satisfied that the adoption was appropriate and lawful, and therefore authorized the applicants to adopt the child, with the child to be renamed and legal guardians appointed as required.

Citation
[2013] KEHC 3645 (KLR)
Parties
Applicant: C.A.L.H.C; Applicant: A.C.C
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
6 May 2013
Case Number
Adoption Cause 2 of 2013
Procedural Posture
Adoption Cause / Judgment
Outcome
adoption granted
Judges
GO Shikwe
Legal Topics
Adoption Procedure, Child Welfare, Abandoned Children
Source Language
English
Family and Children Adoption Procedure Child Welfare Abandoned Children

Case Brief

Summary, issues, holding and outcome

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Parties

C.A.L.H.C

Applicant

A.C.C

Applicant

Procedural Posture

Adoption Cause / Judgment

Legal Issues

  1. 1 Whether the statutory requirements for adoption under the Children Act have been satisfied.
  2. 2 Whether the adoption is in the best interests of the child.
  3. 3 Whether the child is legally available for adoption.

Ratio Decidendi

The court found that the applicants had complied with all statutory requirements for adoption as set out in the Children Act, 2001. The child, having been abandoned and unclaimed, was declared free for adoption by a registered adoption society. Reports from the guardian ad litem and the Director of Children’s Services were favorable and confirmed that the adoption would serve the best interests of the child. The court was satisfied that the adoption was appropriate and lawful, and therefore authorized the applicants to adopt the child, with the child to be renamed and legal guardians appointed as required.

Court Disposition

adoption granted

Orders

  • The applicants are authorized to adopt Baby N.P.M, who will be renamed N.P.M.C.
  • Mr. R.F.C and Ms. M.P.W Van Diemen of the Netherlands are appointed as legal guardians of the child.