[2021] KEHC 7605 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act. The child was lawfully declared free for adoption, and the applicants demonstrated fitness, financial stability, and a genuine desire to provide a home for the child. The reports from the Guardian Ad...
Source-derived case information.
- Citation
- [2021] KEHC 7605 (KLR)
- Parties
- Applicant: GKC; Applicant: CJ; Respondent: AKB
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2019
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- originating summons allowed; adoption granted
- Judges
- AN Ongeri
- Legal Topics
- Adoption Procedure, Child Welfare, Guardianship Appointment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GKC
Applicant
CJ
Applicant
AKB
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption of the minor child.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether appropriate guardianship and citizenship orders should be made.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act. The child was lawfully declared free for adoption, and the applicants demonstrated fitness, financial stability, and a genuine desire to provide a home for the child. The reports from the Guardian Ad Litem and the Children’s Department were favorable, confirming that the adoption would serve the best interests of the child. The court further found that appropriate arrangements for guardianship in the event of incapacity of the applicants had been made. Accordingly, the adoption was granted, the child was declared a Kenyan citizen, and the necessary entries were ordered to be...
Court Disposition
originating summons allowed; adoption granted
Orders
- The 1st and 2nd applicants are authorized to adopt Baby BM alias BK.
- The child shall henceforth be known as BK.
Full Case Text
Judgment text and source record
40 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
ADOPTION CAUSE NO.1 OF 2019
GKC..........................................................................................1ST APPLICANT
CJ............................................................................................2ND APPLICANT
- V E R S U S -
AKB.............................................................................................RESPONDENT
JUDGMENT
1. The Applicants GKC and CJ (hereafter referred to as the applicants) filed this originating summons dated 19/2/2018 seeking the following orders:-
(i) THAT JCC (ID. NO.11xxxxxx) of Post Office Box Number 22 KIPTERE in the Republic of Kenya be appointed as Guardian Ad Litem of the BM alias BKI (CHILD)
(ii) THAT the Director, Children’s Services Department investigates the Applicant’s fitness or otherwise and files a report thereof.
(iii) THAT the Applicants be authorized to adopt the male child currently identified and known as BABY BM alias BK.
(iv) THAT KKB (ID NO.22xxxxxx) and GC (ID. NO.24xxxxxx) both of Office Box Number xx, KIPTERE and who are brother in-law and sister to the 2nd Applicant respectively be appointed legal guardians to take care of the interests of the minor should any misfortune befall the Applicants.
(v) THAT the Registrar does make appropriate entries in the Adopted Children’s Register.
(vi) THAT the child be renamed BK.
(vii) THAT the child be declared a Kenya Citizen.
(viii) THAT the Court does issue such further orders and directions as are in the interest of Justice.
2. The Court appoints JC as guardian Ad Litem for the child BABY BM alias BK (hereafter referred to as the child).
3. The 1st Applicant is a Kenya Citizen who was aged 38 years at the time of making the Originating Summons and is currently working as a Senior Pastor at [particulars withheld] KAPKOCHEI
4. The 2nd Applicant is the wife of the 1st Applicant. She was aged 30 years at the time of filing the Originating Summons. She is a PTA Teacher at [particulars withheld] Primary School.
5. The Applicants do not have any biological children. They are both healthy with no criminal records and they have a stable income.
6. The child was born on 14/3/2017 at Nakuru. He was found abandoned by a good Samaritan at Nakuru and was taken to Nakuru Police Station where the matter was reported vide OB. No.14/5/3/2017.
7. A Committal Order was made to AGC by the children court at Nakuru vide Children Case No.xxx of 2017.
8. The child was declared free for adoption on 21/2/2018 vide certificate serial No. [Particulars Withheld].
9. He was released for placement on 6/4/2018 and the following reports have been filed in respect of the child.
(i) The Report by the Guardian Ad Litem dated 24/2/2020.
(ii) The children’ Report dated 12/2/2020.
(iii) A bundle of documents from the KCH Adoption Society including the certificate that declared the child free for adoption dated 21/2/2018.
10. I have considered the Originating Summons dated 19/2/2018, I find that the two Applicants have met the threshold for adoption of the child.
11. I allow the originating summons and order as follows:-
(i) THAT the 1st and 2nd Applicants be and are hereby authorized to adopt Baby BM alias BK.
(ii) THAT the child shall henceforth be known as BK.
(iii) THAT the child shall be declared a Kenyan Citizen.
(iv) THAT the Registrar General do enter this adoption order in the adopted children Register.
(v) THAT KB and GC be and are hereby appointed legal Guardians of the child in case of incapacity by the Applicants before the child attains the age of maturity
(vi) THAT the Guardian Ad Litem be and is hereby discharged.
DELIVERED, SIGNED AND DATED AT KERICHO THIS 22ND DAY OF MARCH, 2021.
A. N. ONGERI
JUDGE