[2022] KEHC 1729 (KLR)
The court found that the best interests of baby HK would not be served by delaying or denying the adoption due to the Kenya Children’s Home’s failure to comply with the court’s order. The applicants had demonstrated a longstanding relationship with the child, provided all necessary documentation, and obtained the...
Source-derived case information.
- Citation
- [2022] KEHC 1729 (KLR)
- Parties
- Applicant: DGJ; Applicant: SNJ
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E001 of 2020
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application allowed
- Legal Topics
- Child Adoption, Best Interests of Child, Adoption Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DGJ
Applicant
SNJ
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants should be allowed to adopt baby HK in light of the non-compliance by Kenya Children’s Home with court orders.
- 2 Whether the best interests of the child are served by granting the adoption despite procedural delays.
Ratio Decidendi
The court found that the best interests of baby HK would not be served by delaying or denying the adoption due to the Kenya Children’s Home’s failure to comply with the court’s order. The applicants had demonstrated a longstanding relationship with the child, provided all necessary documentation, and obtained the required consents. The court relied on the principle that the best interests of the child are paramount and cited precedent allowing adoption to proceed in similar circumstances. The court was satisfied with the alternative recommendation from Change Trust and found no legal impediment to granting the adoption. Accordingly, the application was allowed and the applicants were...
Court Disposition
application allowed
Orders
- The applicants are allowed to adopt baby HK who shall retain the same name.
- The applicants are appointed the legal guardians of the subject.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
ADOPTION CAUSE NO. E001 OF 2020
DGJ.......................................................................APPLICANT
VS
SNJ.........................................................................APPLICANT
RULING
1. The applicants who are husband and wife made this application for adoption dated 28th September 2020 in which they prayed that they be allowed to adopt babyHK. This court issued an order on 11th August 2021 that due diligence be made by the respective authorities in line with the child adoption protocols. The said order was directing Kenya Children’s Home (adoption society) to provide their report in respect to the subject minor within 30 days from the date of the order.
2. The applicants have invited the court to admit Certificate/Recommendation dated 3rd December 2021 issued by a different adoption society known as Change Trust, since the Kenya Children’s Home have failed to comply despite their pursuit of Certification/Recommendation from them. This court made orders to which the Kenya Children’s Home to date have not complied.
3. Looking at the supporting documents herein this court is persuaded that there is merit in the application. The court has perused the circumstances in which the subject was found, the letter from Tenwek hospital and the fact that she has been under the custody of the applicants for about 10 years. There is also consent from the other adult children of the applicants.
4. The caseof Baby J J [2015] eKLRhad almost identical dilemma but the court nonetheless proceeded to state as follows: -
“...In the premise and on the basis of Section 4 of the Children Act and Article 53(2) of the Constitution of Kenya which require that the best interests of the child be of paramount importance when considering a matter concerning a child, I find that it is not in the best interests of the child for him to be in a limbo. That will be his status if these adoption proceedings are held in abeyance because the Director of Children Services has refused to comply with a court order.”
4. In view of the foregoing, the application is hereby allowed as hereunder.
a) The applicants are hereby allowed to adopt baby HK who shall be called the same name.
b) The applicants herein are hereby appointed the legal guardians of the subject.
c) The Registrar General is hereby directed to make appropriate entries in the Adoption Children’s Register in respect of HK
d) HK is hereby considered a Kenyan citizen.
DATED SIGNED AND DELIVERED AT NAKURU VIA VIDEO LINK THIS 10TH DAY OF MARCH 2022.
H K CHEMITEI.
JUDGE.