[2007] KEHC 2885 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption under the Children Act, 2001. The adoption was deemed to be in the best interests of the child ON, as it would regularize the natural family relationship, provide continuity, and ensure the welfare of the child. The supporting...
Source-derived case information.
- Citation
- [2007] KEHC 2885 (KLR)
- Parties
- Applicant: EL; Applicant: CAM; Respondent: ON (child)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 164 of 2004
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- GMA Dulu
- Legal Topics
- Adoption of Children, Best Interests of Child, Family Regularization
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
EL
Applicant
CAM
Applicant
ON (child)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption is in the best interests of the child ON.
- 3 Whether the adoption regularizes the natural family relationship between the applicants and the child.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption under the Children Act, 2001. The adoption was deemed to be in the best interests of the child ON, as it would regularize the natural family relationship, provide continuity, and ensure the welfare of the child. The supporting reports from the Director of Children Services, the Child Welfare Society, and the guardian ad litem confirmed that the child was free for adoption and that the applicants were suitable. The court concluded that the adoption would serve the welfare and best interests of the child, and therefore granted the orders sought.
Court Disposition
adoption granted
Orders
- The applicants EL and CAM are authorized to adopt child ON, who shall be known as ONL.
- The Registrar General is directed to make an entry of this adoption in the Adopted Children Register in the prescribed form.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MILIMANI LAW COURTS
IN THE MATTER OF ON (CHILD)
AND
IN THE MATTER OF THE CHILDREN ACT, 2001
ADOPTION CAUSE NO. 164 OF 2004
JUDGMENT
Before me is an Originating Summons filed by Eboso & Wandago advocates on behalf of the applicants EL and CAM for the adoption of an infant ON.
The Originating Summons was filed with a statement of both the applicants, who are husband and wife. The infant is the biological child of one of the applicants CAM who was born on 25th July 1996 before the applicants were married and outside wedlock. The applicants were born on 5th December 2000. EL was originally from Italy. Both are working in Kenya.
The court appointed an initial guardian ad item who relocated to another place. The said guardian ad litem was replaced by CL. Reports were filed by the Director of Children Services, the guardian ad litem, as well as the declared the Child Welfare Society who child as free fro adoption. I also heard oral evidence from Alex Wamakobe from the office of the Director of Children Services, Felistas Mwakali from the Child Welfare Society, and CL the guardian ad litem.
This adoption is a family adoption, in that one of the applicants CAM is the mother of the child. The said CAM got the child outside wedlock, but later got married to the EL who is the other applicant. This, in my view, is regularization of a natural family relationship. I am of the view that the adoption will be in the best interests of the child. It will give continuity to an existing family application for relationship. Consequently, I will allow the adoption and order as follows –
1. The applicants EL and CAM be and are hereby authorized to adopt child ON to be know as ONL.
2. I direct the Registrar General to make an entry of this adoption in the Adopted Children Register in the prescribed form.
Dated and delivered at Nairobi this 2nd day of May 2007.
George Dulu
Judge
In the presence of –
Mrs. Kawere for applicants