[2016] KEHC 7839 (KLR)

[2016] KEHC 7839 (KLR)

The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act. The child was declared free for adoption after being abandoned and no relatives could be traced. The applicants demonstrated the ability to provide a stable, loving, and supportive environment, and the child had bonded well with them and their family. The reports from the guardian ad litem and the Director of Children Services were positive and recommended the adoption. The court held that it was in the best interests of the child to be adopted by the applicants, dispensed with the consent of the biological parents due to abandonment, and ordered the adoption to proceed,...

Citation
[2016] KEHC 7839 (KLR)
Parties
Applicant: F.M.M; Applicant: J.M.M; Guardian Ad Litem: P.M.M
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
16 June 2016
Case Number
Adoption Cause 182 of 2015
Procedural Posture
Adoption Cause / Judgment
Outcome
adoption granted
Judges
AO Muchelule, DN Musyoka
Legal Topics
Adoption Procedure, Best Interests of Child, Parental Rights and Duties
Source Language
English
Family and Children Adoption Procedure Best Interests of Child Parental Rights and Duties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

F.M.M

Applicant

J.M.M

Applicant

P.M.M

Guardian Ad Litem

Procedural Posture

Adoption Cause / Judgment

Legal Issues

  1. 1 Whether the applicants meet the legal requirements for adoption under the Children Act.
  2. 2 Whether it is in the best interests of the child to be adopted by the applicants.
  3. 3 Whether the consent of the biological parents can be dispensed with due to abandonment.

Ratio Decidendi

The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act. The child was declared free for adoption after being abandoned and no relatives could be traced. The applicants demonstrated the ability to provide a stable, loving, and supportive environment, and the child had bonded well with them and their family. The reports from the guardian ad litem and the Director of Children Services were positive and recommended the adoption. The court held that it was in the best interests of the child to be adopted by the applicants, dispensed with the consent of the biological parents due to abandonment, and ordered the adoption to proceed,...

Court Disposition

adoption granted

Orders

  • The applicants F.M.M and J.M.M are allowed to adopt baby T. aka E.W., who shall henceforth be known as E.M.M.
  • The child's date of birth is declared as 5th October 2010 and she is presumed Kenyan by birth.